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CHILLAKUR SUMALATHA, A. SANTHOSH REDDY
Dumpa Krishna, Khammam Dt – Appellant
Versus
State Of AP. – Respondent
JUDGMENT :
A.SANTHOSH REDDY, J.
Appellants 1 and 2 herein are A-1 and A-2 in Sessions Case No.456 of 2012, on the file of the Special Sessions Judge for Trial of Cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act-cum-Additional Sessions Judge, Khammam, were convicted for the offences punishable under Sections 302 and 302 read with Section 34 IPC respectively and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/-, in default to suffer simple imprisonment for six months, by judgment dated 10.02.2014.
2. Learned counsel for the appellant-A-2 before commencement of his submissions brought to the notice of this court that the appellant-A-2, who is mother of appellant-A-1, was granted special remission by the Government and was released from prison. In the light of the said submissions, the appeal, insofar as the appellant-A-2, stands dismissed, as the same has become infructuous.
3. The prosecution case, briefly stated, is as follows:
Appellant-A-1 is the husband of the deceased Saidamma (hereinafter referred to as ‘the deceased’). Their marriage was held about 9 years prior to the incident as per their caste customs. They led conjugal li
The court established that acts committed in the heat of passion without premeditation constitute culpable homicide not amounting to murder under Section 304 IPC, emphasizing reliance on credible dyi....
Evidentiary reliability of dying declarations affirms conviction; inconsistencies favor acquittal.
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
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....
Murder – Conviction and sentence cannot be sustained where eye witnesses to occurrence turned hostile and circumstantial witness also did not support prosecution case.
The admissibility and reliability of dying declarations in establishing guilt in criminal cases.
The main legal point established in the judgment is the reliance on dying declaration and other evidence to establish guilt under Section 304-B of the IPC in cases of dowry demand cruelty.
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