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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Murugan @ Subbaiah – Appellant
Versus
State, Represented by The Inspector of Police, Keelavalavu Police Station, Madurai – Respondent
JUDGMENT :
R. POORNIMA, J.
This Criminal Appeal is filed against the conviction and sentence passed against the appellant/sole accused in the judgment dated 25.08.2022 passed by the learned Sessions Judge, Mahalir Neehtimandram, Madurai, in S.C.No.263 of 2015 by convicting and sentencing the appellant for the offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a sum of Rs.1000/- in default, to undergo one year Simple imprisonment.
2. The case of the prosecution in brief is as follows :
a) The appellant/accused is the husband of the deceased. The mother of the deceased lodged a complaint stating that the accused was in the habit of creating problems by suspecting the fidelity of the deceased. On 17.07.2010, the complainant received a phone call from one Alagarsamy informing her that her daughter had been admitted to the Government Hospital, Melur, and requesting her to come to the hospital immediately. The complainant and her son, namely Senthil Kumar, went to the hospital and found the deceased with burn injuries all over her body. First aid was given at the Government Hospital, Melur. Thereafter, for further treatment, the deceased was re
Dying declaration – In cases where dying declaration is suspicious, it is not safe to convict accused in absence of corroborative evidence.
Reliability of dying declarations is crucial for conviction under IPC Section 304(ii); conviction upheld as statements were consistent and trustworthy.
The dying declaration of the deceased, supported by medical evidence and circumstantial evidence, can be sufficient to establish guilt under Section 302 of IPC.
Dying declarations, if consistent and credible, can support a conviction without corroboration, as established by the court.
The court affirmed that a dying declaration can be sufficient for conviction if it is found to be voluntary and made in a fit state of mind, even without corroboration.
The admissibility and reliability of dying declarations in establishing guilt in criminal cases.
Dying declarations and circumstantial evidence can substantiate a conviction for homicide under IPC.
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