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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.SUNDAR, R.SAKTHIVEL
Mariya Leela W/o Packiyaraj – Appellant
Versus
State Represented by the Inspector of Police, Valliyoor Police Station – Respondent
JUDGMENT :
R. SAKTHIVEL, J.
1. This Criminal Appeal is preferred by the appellant assailing the 'Judgment dated 27.10.2022' [for the sake of convenience and clarity, hereinafter referred to as 'impugned Judgment'] passed by the 'Principal Sessions Court, Tirunelveli' [for the sake of convenience and clarity, hereinafter referred to as 'Trial Court'] in Sessions Case No. 385 of 2021 in which the appellant [for the sake of convenience and clarity, the appellant is called Accused as described before the Trial Court] was convicted for the offence punishable under Section 302 of 'The INDIAN PENAL CODE ' [for the sake of convenience and clarity, hereinafter referred to as 'IPC'] and sentenced to undergo Rigourous Imprisonment for Life and also ordered to pay a fine of Rs.5,000/-, in default thereof, to undergo Rigourous Imprisonment for a further period of 4 years.
2. The case of the prosecution, in brief, as follows:
For ease of understanding, the relationship between the deceased, accused and witnesses (P.W.1 to P.W.7) is depicted below in the form of a genealogical chart.
2.1. Deceased-Packiyaraj was the owner of a two-storey house (Door No.143/6), as well as two small tiled houses (Door
A dying declaration can support a murder conviction if recorded properly and inspires confidence, irrespective of corroboration, considering the surrounding circumstances.
A conviction based on circumstantial evidence must establish clear links and prove guilt beyond a reasonable doubt; the reliability of dying declarations is paramount.
(1) Dying declaration while carrying presumption of being true must be wholly reliable and inspire confidence – Where there is any suspicion over veracity of same or evidence on record shows that dyi....
Convictions based primarily on dying declarations are deemed unsafe without corroborative evidence, especially where doubts about the reliability of such statements exist.
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....
Dying declarations can be the basis for conviction if they are found to be truthful and voluntary; however, they must be carefully scrutinized, especially in the absence of corroborative evidence.
Reliance on dying declaration requires corroboration; mere circumstantial evidence is insufficient for conviction without proof beyond reasonable doubt.
Dying declarations, if consistent and credible, can support a conviction without corroboration, as established by the court.
Dying declarations can be relied upon for conviction if consistent and free from blemishes, even in the absence of further corroborative evidence.
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