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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dr.Justice G.Jayachandran, Ms.Justice R.Poornima, JJ
Udhayakumar – Appellant
Versus
State Through The The Inspector Of Police – Respondent
JUDGMENT :
This Criminal Appeal is filed by the husband of the deceased Prema Sundari. The trial court convicted the appellant for offences under section 498 A IPC and 302 IPC. He is sentenced to undergo two years Rigorous Imprisonment and to undergo life imprisonment respectively of these offences.
2. The case of the prosecution is that, the appellant and the deceased viz., Prema Sundari got married about 18 years prior to the incident. They had two male children. The appellant became a drunkard and was dependant on his wife. The deceased was trying to meet the needs by engaging herself in the activities of women self help group. She used to borrow money from one Gnanasigamani, a money lender. She later became intimate to him. This caused fissure in the life of the appellant and the deceased. They got separated. The elder son was with the appellant. The younger son was with the deceased. Few days prior to the incident, the fight between them got worse. The deceased gave a written complaint against her husband that he is threatening her with weapon and also demanding Rs.2 lakhs to buy cow. The police enquired the complaint and later, on the undertaking given by the appellant that he
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A dying declaration, when certified by a medical professional as being made in a fit state of mind, is highly reliable. When corroborated by consistent eyewitness testimony and medical evidence, it j....
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....
Reliance on dying declaration requires corroboration; mere circumstantial evidence is insufficient for conviction without proof beyond reasonable doubt.
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