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2016 Supreme(Mad) 576

P.DEVADASS
M. Karthick – Appellant
Versus
State Represented by : The Inspector of Police – Respondent


Advocates Appeared:
For the Petitioner:D. Baskar for R. Thamaraiselvan, Advocates.
For the Respondent:V. Arul, Government Advocate (Criminal Side).

JUDGMENT :

The sole accused in S.C.No.72 of 2014 on the file of the learned Additional Sessions Judge, [Fast Track Mahila Court], Dharmapuri, seeks suspension of his sentence by granting him appeal bail under Section 389(1) Cr.P.C.

2. After trial, the learned Additional Sessions Judge convicted and sentenced him as under:

Conviction

Sentence

(i) Section 306 IPC

(i) 5 years R.I and fine Rs.2,000/- i/d 2 months S.I.

The fine amount has been paid.

3. PW1's daughter Mekala attempted suicide on 01.07.2010 by pouring kerosene upon herself. She was rushed to the hospital with extensive burn injuries. On 01.07.2010, she gave oral statement to PW10-Doctor [A.R.Copy Ex.P5]; on 02.07.2010, she gave statement to PW12-Judicial Magistrate [Ex.P8] and on 04.07.2010 she gave statement to PW11-Head Constable [Ex.P6-FIR]. On 05.07.2010, she died.

4. In such circumstances, under Section 32(1) of the Indian Evidence Act, the said three statements of Mekala to Doctor [oral]; to Judicial Magistrate [judicial] and to Head Constable [written] have become dying declarations. Although, it was































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