JAYAMMA – Appellant
Versus
STATE OF KARNATAKA – Respondent
JUDGMENT :
Surya Kant, J:
These Criminal Appeals, which have been heard through video conferencing, are directed against the common judgment dated 29.07.2008 passed by the High Court of Karnataka at Bangalore whereby the findings of the trial Court were reversed and after setting aside the appellants’ acquittal, they have been convicted for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (“IPC”) and consequently sentenced to life imprisonment.
FACTS
2. The parties in the present case are closely related. The case of the prosecution is that there was a long-standing animosity between the families of Jayamma wife of Reddinaika (Appellant No.1) and Jayamma wife of Sanna Ramanaika (deceased) and in connection thereto, a quarrel took place on 10.09.1998 in which, Thippeswamynaika son of the deceased assaulted and injured Reddinaika (Husband of Appellant No.1). Thereafter the appellants allegedly went to the house of the deceased on 21.09.1998 and confronted her about the assault on Reddinaika. The appellants demanded Rs. 4,000/-for the cost incurred on the medical treatment of Reddinaika. After a heated exchange of words, the appellants allegedly do
(1) Dying declaration is only a piece of untested evidence and must like any other evidence satisfy Court that what is stated therein is unalloyed truth and that it is absolutely safe to act upon it.....
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
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.
(1) Merely because there are two/multiple dying declarations, all dying declarations are not to be rejected.(2) There is neither a rule of law nor of prudence to the effect that a dying declaration c....
Weight and utility of a dying declaration depend upon surrounding circumstances and credibility which court attaches to it, having regard to evidence led before it.
The evidentiary value of a dying declaration is undermined by doubts regarding the deceased's mental state and reliability during its recording, rendering conviction unsafe without corroborative evid....
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