Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S.RAMESH
Suguna – Appellant
Versus
State by Inspector of Police, Thiruvannamalai Town Police Station – Respondent
JUDGMENT :
C. KUMARAPPAN, J.
1. 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 Accused residence and questioned their conduct, both the Accused have poured kerosene on the deceased and set him on fire, in pursuance thereof, the deceased succumbed to the injuries in the hospital. It appears that subsequently, after coming to know about the incident, P.W-1, who is the wife of the deceased, g
A conviction based on inconsistent dying declarations is unsafe without corroborative evidence; discrepancies create reasonable doubt undermining the prosecution's case.
In cases of multiple dying declarations, inconsistencies necessitate corroboration for conviction; the earliest declaration indicating self-immolation was preferred, creating reasonable doubt about t....
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 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 ....
Convictions based primarily on dying declarations are deemed unsafe without corroborative evidence, especially where doubts about the reliability of such statements exist.
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.
Dying declarations can serve as the sole basis for conviction if found credible, with no strict requirement for corroboration.
(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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
