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M. S. RAMESH, C. KUMARAPPAN
Suguna – Appellant
Versus
State by Inspector of Police, Thiruvannamalai Town Police Station – Respondent
JUDGMENT :
C. KUMARAPPAN, J.
Prayer: - Criminal Appeal filed under Section 374 of Criminal Procedure Code, 1973, to set aside the order of conviction and sentence passed by the learned Principal District and Sessions Judge, Thiruvannamalai in S.C.No.58 of 2007 by its judgment dated 10.12.2018 and allow the appeal and acquit the Appellant herein.
The instant Criminal Appeal has been filed against the order of conviction against the Appellant in S.C.No.58 of 2007 vide order dated 10.12.2018.
2. In the above sessions case originally, there were two Accused. During the pendency of the trial, the first Accused, Murthy, died, and the charges against him stood abated. Hence, as against the Second Accused, the trial proceeded, and the Trial Court found her guilty under Section 302 IPC.
3. According to the Prosecution case, Accused 1 and 2 are the husband and wife, who were in the business of financing. During the course of their business, the deceased had borrowed some amount to run his small eatery. In the course of such borrowing, there was some outstanding, and to collect such outstanding, the Accused, along with their henchmen, intimidated the deceased's wife. When the deceased went to the
In cases of multiple dying declarations, inconsistencies necessitate corroboration for conviction; the earliest declaration indicating self-immolation was preferred, creating reasonable doubt about t....
A conviction based on inconsistent dying declarations is unsafe without corroborative evidence; discrepancies create reasonable doubt undermining the prosecution's case.
Dying declarations must be consistent and reliable, as they can form the sole basis for conviction only if they inspire full confidence and are free from inconsistencies.
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
Dying declarations can serve as the sole basis for conviction if found credible, with no strict requirement for corroboration.
Convictions based primarily on dying declarations are deemed unsafe without corroborative evidence, especially where doubts about the reliability of such statements exist.
Dying declaration – In cases where Court finds that there exist more than one dying declarations, each one of them must be examined with care and caution and only after satisfying itself as to which ....
Dying declarations may serve as the sole basis for conviction if deemed voluntary, consistent, and credible; inconsistencies must be assessed in light of surrounding facts.
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