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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY
Kummari Anjaneyulu (Died) – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. conviction details and procedural history. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments regarding evidence and witness credibility. (Para 9 , 10) |
| 3. assessment of evidence and dying declarations. (Para 11 , 12 , 25 , 26 , 37) |
| 4. legal principles surrounding dying declarations. (Para 24 , 27 , 28 , 30 , 32 , 35) |
| 5. conclusion and outcome of the appeal. (Para 47 , 48) |
JUDGMENT :
K. LAKSHMAN, J.
1. Heard Mr. D. Bhasker Reddy, learned counsel for appellant No.2 - accused No.2 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent.
2. This appeal is filed challenging the judgment dated 04.01.2017 in Spl. S.C. No.45 of 2014 passed by learned Special Sessions Judge - cum - VII Additional District and Sessions Judge at Mahabubnagar.
3. Vide the aforesaid judgment, the trial Court convicted the appellants - accused Nos.1 and 2 for the offence under Section - 302 read with 34 of IPC and accordingly sentenced them to undergo life imprisonment and to pay fine of Rs.10,000 (Rupees Ten Thousand Only) and in default to undergo simple imprisonment for a period of one (01) year.
4. During pendency of the present appeal, appellant No.1 - acc
Inconsistent dying declarations cannot suffice for conviction without corroborating evidence, especially when procedural guidelines for a fair trial are not met.
The failure to put the contents of the dying declarations to the accused under Section 313 CrPC resulted in prejudice to the accused, and the dying declarations could not be used against him in the a....
The reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
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.
A dying declaration can be the sole basis for conviction if found truthful and voluntary, irrespective of it being recorded by a police officer, as held under Section 302 IPC.
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
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 ....
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