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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SURENDER, ANIL KUMAR JUKANTI
Yepuri Thirapathaiah – Appellant
Versus
P.P. Hyd – Respondent
| Table of Content |
|---|
| 1. understanding the context of the incident (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. challenges to witness credibility and testimony (Para 7 , 8) |
| 3. the admissibility and weight of dying declarations (Para 9 , 10) |
| 4. the role of witness testimony in conjunction with motive (Para 11 , 12) |
| 5. assessment of eyewitness reliability (Para 13 , 14 , 15) |
| 6. evaluation of corroborative evidence (Para 18 , 19 , 20) |
| 7. conclusion and dismissal of appeal (Para 21 , 22) |
JUDGMENT :
K. SURENDER, J.
1. The appellant/accused was convicted for the offence under Section 302 IPC and sentenced to life imprisonment vide judgment in S.C.No.133 of 2012 dated 26.02.2015 passed by the VIII Additional District and Sessions Judge, at Miryalguda. Questioning the said conviction, present appeal is filed.
2. P.W.1, resident of Ramapuram, has five daughters, including Kalavathi and Nagalaxmi (herein after referred as D1). Two years prior to 2011, the appellant, Kalavathi, and some relatives went to Marrigudem, the village of Malleshwar Rao (hereinafter referred as D2, who is the husband of D1), to discuss marriage proposal for D1. However, since D2 was still studying, it was agreed that the marriage would take plac
Dying declarations can be upheld as credible evidence without corroboration if found true and voluntary, emphasizing careful scrutiny for any signs of tutoring.
A conviction based on inconsistent dying declarations is unsafe without corroborative evidence; discrepancies create reasonable doubt undermining the prosecution's case.
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
Convictions based primarily on dying declarations are deemed unsafe without corroborative evidence, especially where doubts about the reliability of such statements exist.
Dying declarations must be consistent and reliable, as they can form the sole basis for conviction only if they inspire full confidence and are free from inconsistencies.
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....
In cases of multiple dying declarations, inconsistencies necessitate corroboration for conviction; the earliest declaration indicating self-immolation was preferred, creating reasonable doubt about t....
A dying declaration can support a murder conviction if recorded properly and inspires confidence, irrespective of corroboration, considering the surrounding circumstances.
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