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IN THE HIGH COURT OF TELANGANA
K.SURENDER, E.V.VENUGOPAL
Jarpula Ravi – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
(K. Surender, J.)
This Criminal Appeal is filed by the appellant/accused, aggrieved by the judgment and sentence dated 25.04.2019 in S.C.No.400 of 2017, on the file of the II Additional District and Sessions Judge (FTC), Mahabubnagar, whereby the appellant was convicted for the offence punishable under Section 302 of IPC.
2. Heard learned counsel for the appellant/accused and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for respondent - State.
3. The case of the prosecution is that Smt. Jarpula Sunitha (hereinafter referred to as ‘the deceased’) is the wife of the appellant. The appellant was convicted for pouring kerosene on his wife and setting her on fire.
4. After the deceased received burn injuries, she was taken to Osmania General Hospital, Hyderabad, where the Station House Officer, Afzalgunj Police Station, visited and gave a requisition to the concerned Magistrate to record the dying declaration of the deceased. No Police Officer from the Afzalgunj Police Station was examined. However, the prosecution relied on Ex.P10/requisition. In the said requisition, it is mentioned that a request was made to record the dying declaration of the deceased, who allege
Courts may rely on dying declarations for conviction if they are consistent and reliable; contradictions undermine their credibility, leading to acquittal.
Dying declaration – In cases where dying declaration is suspicious, it is not safe to convict accused in absence of corroborative evidence.
Dying declarations can serve as the sole basis for conviction if found trustworthy; the accused must explain circumstances leading to the victim's death.
Dying declaration – In cases where Court finds that there exist more than one dying declarations, each one of them must be examined with care and caution and only after satisfying itself as to which ....
Dying declarations must be consistent and corroborated by independent evidence; inconsistencies can lead to reasonable doubt and acquittal.
[A dying declaration can serve as the sole basis for conviction if it is found to be voluntary, coherent, and made in a fit mental state, even in the presence of minor inconsistencies.]
Dying declarations can serve as the sole basis for conviction if they are consistent and credible; however, inconsistencies and lack of corroborative evidence can lead to reasonable doubt and acquitt....
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