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IN THE HIGH COURT OF TELANGANA
K.SURENDER, E.V.VENUGOPAL
Jarpula Ravi – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. criminal appeal against conviction (Para 1 , 2) |
| 2. details of accusations and dying declaration (Para 3 , 4 , 5) |
| 3. circumstances of the crime and victim's death (Para 6 , 7 , 8) |
| 4. arguments regarding the admissibility of dying declaration (Para 9 , 10 , 11 , 12 , 13) |
| 5. contradictory statements affect credibility (Para 14 , 15 , 16) |
| 6. dying declarations must inspire confidence (Para 17 , 18 , 19) |
| 7. acquittal ordered due to benefit of doubt (Para 20) |
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 injuri
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.
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