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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Mohandass – Appellant
Versus
State by The Inspector of Police – Respondent
| Table of Content |
|---|
| 1. overview of criminal appeals and case background. (Para 1 , 2 , 3) |
| 2. details about the deceased's marital issues and threats received. (Para 4 , 5 , 6 , 7) |
| 3. describes the incident leading to the deceased's death. (Para 8 , 9) |
| 4. trial court's conviction of the accused based on evidence. (Para 11 , 12 , 13) |
| 5. defensive arguments regarding the validity of evidence. (Para 14 , 15 , 16 , 17 , 19 , 20 , 21) |
| 6. observations on the prosecution's evidence and credibility. (Para 28 , 31 , 60) |
| 7. court's final decision to acquit the accused. (Para 62 , 64 , 65) |
JUDGMENT :
Crl.A(MD)Nos.449 and 576 of 2022 are directed as against the Judgment passed in Sessions Case No.19 of 2017 dated 12.04.2022 on the file of the Sessions Judge, Mahalir Neethimandram, Madurai, thereby convicting the appellants for the offences punishable under Sections 120-B and 302 of I.P.C.
3.The case of the prosecution is that the deceased married the first accused and gave birth to three children. While so, the first accused became suspicious of the conduct of the deceased, and as a result, misunderstanding arose between them. Hence, the deceased left the matrimonial home of the first accused and went to he
Convictions based primarily on dying declarations are deemed unsafe without corroborative evidence, especially where doubts about the reliability of such statements exist.
Dying declarations can serve as the sole basis for conviction if they are consistent and credible; however, inconsistencies and lack of corroborative evidence can lead to reasonable doubt and acquitt....
A conviction based on inconsistent dying declarations is unsafe without corroborative evidence; discrepancies create reasonable doubt undermining the prosecution's case.
Dying declarations can be relied upon for conviction if consistent and free from blemishes, even in the absence of further corroborative evidence.
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.
[A dying declaration can serve as the sole basis for conviction if it is found to be voluntary, coherent, and made in a fit mental state, even in the presence of minor inconsistencies.]
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....
Inconsistent dying declarations cannot suffice for conviction without corroborating evidence, especially when procedural guidelines for a fair trial are not met.
The court reiterated the principles governing the admissibility and evidentiary value of dying declarations, emphasizing the need for careful scrutiny to ensure their genuineness and reliability.
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