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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SURENDER, E.V.VENUGOPAL
Katika Ravi – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
K. Surender, J.
1. This Criminal Appeal is filed by the appellant aggrieved by the judgment, dated 12.03.2020 passed in S.C.No.541 of 2016 on the file of the Additional Metropolitan Sessions Judge, Cyberabad at L.B.Nagar, Ranga Reddy District, wherein the appellant was convicted for the offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment. The appellant herein is arrayed as accused No.1 and he was tried along with accused Nos.2 and 3 for the offences punishable under Sections 498-A read with 34 of IPC and 304-B of IPC against accused Nos.1 to 3, and Section 302 of IPC simplicitor against accused No.1.
2. Heard learned counsel for the appellant and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for respondent – State. Perused the record.
3. Learned Sessions Judge, after conducting the trial, acquitted accused Nos.2 and 3 and convicted the appellant for the offence under Section 302 of IPC. Appellant was acquitted for the offences under Sections 304-B of IPC and 498-A read with 34 of IPC.
4. The deceased, namely Sandhya, is the wife of the appellant. The marriage of the appellant and the deceased was performed on 25.05.2014. At t
A conviction for murder requires clear evidence of intent; without it, a charge may be reduced to culpable homicide.
Dying declarations must be consistent for legal value; inconsistent declarations undermine grounds for conviction under dowry death charges.
The distinction between murder and culpable homicide hinges on the accused's intention, with impulsive actions in a heated moment potentially qualifying for a lesser charge under Section 304-I IPC.
The dying declaration can be the sole basis for conviction if it is true, reliable, and recorded in accordance with law. The cause of death due to septicaemia led to the classification of the offence....
The dying declaration was the sole basis for conviction, and the distinction between 'murder' and 'culpable homicide not amounting to murder' under Section 299 and 300 of the Indian Penal Code was cr....
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.
The court emphasized the necessity of corroborating dying declarations and established that dowry-related cruelty leading to death constitutes an offence under Section 304B IPC.
To establish dowry death under IPC Section 304-B, it is essential to prove that the deceased was subjected to cruelty or harassment for dowry, which was not demonstrated in this case.
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