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1994 Supreme(Online)(AP) 10

ANDHRA PRADESH HIGH COURT
C. Praveen Kumar, J
Lingaiah v. State of Andhra Pradesh


Advocates:
For the Appellant: P. Raghava Reddy
For the Respondent: Public Prosecutor

Table of Content
1. case facts establish a conviction based on a dying declaration. (Para 1 , 2 , 3)
2. accused's plea is one of denial. (Para 4 , 5)
3. insufficient procedures in recording dying declaration affect its reliability. (Para 9 , 10 , 18 , 19)
4. conviction and sentence overturned due to lack of evidence. (Para 21 , 22)

1. The sole accused in Sessions Case No. 32 of 1990 on the file of the Additional Sessions Judge, Medak at Sangareddy, is the appellant. The appellant - accused was charged for the offence of intentionally causing the death of his wifeSatyamma (deceased) by pouring kerosene on her and throwing a burning match - stick on her at 7 a.m. on 27-4-1989 at Masanpally cross - roads. The learned Additional Sessions Judge found him guilty of the offence; convicted him under S. 302, I.P.C. and sentenced him to undergo imprisonment for life.

2. The case of the prosecution is as follows : On 27-4-1989 at about 7.00 p.m. the accused came in a fully drunken state to his hotel at Masanpally cross - roads and demanded money from his wife - deceased for his drinking. As, by that time, he was already in a drunken condition, his wife refused to give money. On that, he poured kero












































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