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IN THE HIGH COURT OF TELANGANA
K.SURENDER, E.V.VENUGOPAL
Jarpula Ravi – Appellant
Versus
State of Telangana – Respondent
Headnote: Read headnote
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.
Courts may rely on dying declarations for conviction if they are consistent and reliable; contradictions undermine their credibility, leading to acquittal.
Dying declarations can serve as the sole basis for conviction if found trustworthy; the accused must explain circumstances leading to the victim's death.
A Dying Declaration can serve as the sole basis for conviction if it is credible and made in a fit state of mind, but intent to kill must be clearly established.
Dying declarations must be consistent and corroborated by independent evidence; inconsistencies can lead to reasonable doubt and acquittal.
In case, there are multiple dying declarations and there are inconsistencies between them, generally, the dying declaration recorded by the higher officer like a Magistrate can be relied upon, provid....
The reliability and evidentiary value of dying declarations, and the application of settled legal principles in determining their credibility.
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