S.No
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N. ANAND VENKATESH
Kamesh Kumar – Appellant
Versus
State by The Inspector of Police, Chennai – Respondent
JUDGMENT
(Prayer: Criminal Appeal is filed under Section 374(2) Cr.P.C. to set aside the conviction and sentence imposed by the Mahila Court at Chengalpet in S.C.No.195 of 2009 vide judgment dated 22.08.2014.)
1. This Criminal Appeal has been filed against the judgment and order passed by the Mahila Court at Chengalpattu in S.C.No.195 of 2009, dated 22.08.2014, convicting and sentencing the appellant in the following manner:
| S.No | Conviction for offence under | Sentence/Punishment |
|---|---|---|
| 1 | Section 306 IPC | Seven years rigorous imprisonment and to pay a fine of Rs.5,000/- and in default, to undergo rigorous imprisonment for one year. |
| 2 | Section 498-A IPC | Two years rigorous imprisonment. |
The sentences were directed to run concurrently.
2. The case of the prosecution is that A1 married the deceased Revathi in the year 2008 and was residing with her at Chrompet, Chennai. A2 and A3 are the father and mother of A1. The further case of the prosecution is that A1 to A3 had demanded dowry from the deceased and she was subjected to cruelty and as a result, on 03.06.2008 at about 10 a.m., the deceased Revathi committed self immolation. She was immediately rushed to the Kilpauk Government Medica
The reliability and relevance of dying declarations, the presumption under Section 113(A) of the Indian Evidence Act, and the need for corroboration in the presence of inconsistencies.
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
Where there are more than one statement in the nature of dying declaration, one first in point of time must be preferred. Of course, if the plurality of dying declaration could be held to be trustwor....
Weight and utility of a dying declaration depend upon surrounding circumstances and credibility which court attaches to it, having regard to evidence led before it.
The main legal point established in the judgment is the admissibility and reliability of dying declarations, emphasizing the need for voluntariness, truthfulness, and corroboration, and the importanc....
A conviction based on inconsistent dying declarations is unsafe without corroborative evidence; discrepancies create reasonable doubt undermining the prosecution's case.
The court reiterated the principles governing the admissibility and evidentiary value of dying declarations, emphasizing the need for careful scrutiny to ensure their genuineness and reliability.
The evidentiary value of a dying declaration is undermined by doubts regarding the deceased's mental state and reliability during its recording, rendering conviction unsafe without corroborative evid....
The central legal point established in the judgment is the need for caution in relying on dying declarations, the importance of corroborative evidence, and the entitlement of the accused to the benef....
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