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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dr.Justice G.Jayachandran, Ms.Justice R.Poornima, JJ
Alexpandian – Appellant
Versus
State Rep. By The Inspector Of Police – Respondent
JUDGMENT :
R.POORNIMA, J.
This Criminal Appeal is filed against the conviction and sentence passed against the appellants/A1 and A2 in the judgment dated 21.11.2020 passed by the Sessions Judge, Fast Track Mahila Court, Virudhunagar District at Srivilliputur, in S.C.No.113 of 2013 by convicting and sentencing the appellants for the offence punishable under Section 302 IPC and sentenced them to undergo rigorous imprisonment for life each and to pay a sum of Rs.10,000/- each in default, to undergo six months simple imprisonment each.
2. The case of the prosecution in brief is as follows :
(a) The complainant was married to A1 three years prior to the occurrence. They were blessed with two female children aged about 2 years and 3 months respectively. Her husband was doing mason work. Whenever she demanded money for family expenditures, he created quarrels with her. Her mother-in-law also used to quarrel with her by stating that they needed to get rid of her so that her son could marry another woman. She has not told to her parents, because she does not want to cause them sorrow.
(b) On 12.01.2013, the accused went to his work and came at about 9.00 p.m., both her husband and mother-in-law
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The court upheld the conviction for abetment of suicide, ruling persistent harassment by the accused instigated the victim's self-immolation, establishing mens rea required for conviction under Secti....
Dying declarations can serve as the sole basis for conviction if they are proven to be reliable, but lack of corroboration or inconsistencies can lead to acquittal.
Reliance on dying declaration requires corroboration; mere circumstantial evidence is insufficient for conviction without proof beyond reasonable 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....
The court emphasized that convictions under IPC Sections 306 and 498A require proof of abetment or cruelty, upheld by consistent and reliable evidence, which was lacking in this case.
Convictions based primarily on dying declarations are deemed unsafe without corroborative evidence, especially where doubts about the reliability of such statements exist.
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