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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Selvaraj – Appellant
Versus
Inspector of Police, Karaiyur Police Station – Respondent
| Table of Content |
|---|
| 1. the nature of the relationship and event leading to the prosecution. (Para 1 , 2 , 3) |
| 2. arguments regarding the credibility of evidence and dying declarations. (Para 6 , 7) |
| 3. assessment of the evidence presented against the accused. (Para 9 , 11 , 12) |
| 4. clarification regarding the appropriateness of the charges. (Para 15 , 16 , 17) |
| 5. final outcomes of the judicial assessment and adjustments in sentencing. (Para 19) |
JUDGMENT :
G.K. ILANTHIRAIYAN, J.
1. This appeal has been filed as against the Judgment passed in S.C.No.128 of 2016, dated 29.11.2022, on the file of the Mahila Court, Pudukottai, thereby convicting the appellant for the offences punishable under Sections 417 and 302 of IPC.
2. The case of the prosecution is that the accused and the deceased fell in love and were in a live-in-relationship. The accused deliberately concealed the fact from the deceased, that he was already married and had a wife and children. One year before the occurrence, the deceased had come to the knowledge of the said fact. Upon learning this fact, the deceased had a fight with the accused. The accused, without informing the deceased's parents, arranged for her stay in a women's hoste
Dying declarations must be reliable; mere speculation of suicide may lead to alternative charges if harassment is proven.
The court ruled that the actions of the accused constituted culpable homicide under Section 304 Part II due to provocation rather than murder under Section 302, emphasizing the necessity of intent in....
Point of law: Statement given by the deceased in her dying declaration reveals that the appellant was in a fully drunken stage on the night when the incident took place.
Reliability of dying declarations is crucial for conviction under IPC Section 304(ii); conviction upheld as statements were consistent and trustworthy.
Evidence of witnesses who recorded the said dying declarations, Medical Officer and all other evidence in connection with the said dying declarations, it is abundantly clear that the Appellant poured....
The act of the accused was not pre-meditated or designed and at the relevant time as it has come in the dying declaration that he was under the influence of alcohol and committed the said act.
Point of Law : Dowry Death - When the deceased poured kerosene on herself, the appellant’s failure to stop her, will not amount to an offence under Section 306 of IPC. reduced to the period already u....
The court established that a conviction cannot solely rely on a dying declaration without corroborating evidence.
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