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THE HIGH COURT OF KARNATAKA
H.P. Sandesh, J
MOHAMMED ISMAIL – Appellant
Versus
STATE BY WOMEN POLICE – Respondent
| Table of Content |
|---|
| 1. incident overview and victim's condition following the event. (Para 2 , 3 , 4) |
| 2. arguments regarding the reliability and support of dying declaration. (Para 5 , 6) |
| 3. the factual background and forensic evidence supporting conviction. (Para 8 , 9) |
| 4. legal basis and sufficiency of dying declaration for conviction. (Para 18 , 19 , 20 , 21) |
| 5. final decision on the appeal and confirmation of conviction. (Para 25 , 26) |
(PER: HON'BLE MR. JUSTICE H.P.SANDESH)
1. Heard Sri Shaikh Saoud, learned counsel appearing for the appellant and Smt. Rashmi Jadhav, learned Addl. SPP appearing for the respondent-State.
2. This appeal is filed by the accused challenging the judgment of conviction and order of sentence passed against him for the offence punishable under Section 302 of the Indian Penal Code (for short, “ IPC ”), sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.50,000/-, and also for the offence punishable under Section 304B of , sentencing him to undergo rigorous imprisonment for a period of 10 years.
3. The factual matrix of the case of the prosecution is that the deceased is the wife of the accused and both of them were married on 27.08.2016
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