Back
K. SURENDER, ANIL KUMAR JUKANTI
S. Gunti Rajaiah – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
K. SURENDER, J.
1. This appeal is directed against the judgment of conviction and sentence dated 28.04.2015 in S.C. No. 165 of 2014 on the file of the Metropolitan Sessions Judge, Cyberabad at L.B. Nagar, whereby, appellant/accused was sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.1,000/-, in default simple imprisonment for one month for the offence under Section 302 of IPC; also sentenced to undergo imprisonment for a period of one year for the offence under Section 498-A of Indian Penal Code (for short ‘IPC’). Both the sentences of imprisonment were directed to run concurrently.
2. Briefly, the case of the prosecution is that on 15.01.2014, the deceased went to her mother’s house which was in the very same locality where the accused and deceased were staying. Around 08.00 A.M, accused went to her in-law’s house, picked up quarrel and abused her, beat her and took her to house situated at Citizen colony. After reaching house he poured kerosene on her and set her ablaze and closed the doors. When she raised hue and cry, the accused opened the doors and according to the Dying Declaration, he covered her with a blanket and took her to the hospital.
Dying declaration – In cases where dying declaration is suspicious, it is not safe to convict accused in absence of corroborative evidence.
The main legal point established in the judgment is the reliance on dying declaration as a sole basis for conviction under Section 302/34 of IPC, the interpretation of Section 498A of IPC, and the ap....
A dying declaration must inspire confidence and not be rendered suspicious to form the basis of conviction.
The main legal point established in the judgment is the importance of evaluating dying declarations and medical opinions in cases of criminal offenses.
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
