Vutukuru Lakshmaiah Vs. State of AP
Indian Penal Code,1860 - Section 148 , Section 302 , The Indian Evidence Act, 1872 - Section 32 (1)
Murder - Appeal against Conviction - Appreciation of Evidence - Dying declaration - At the time of recording of the dying declaration, as the material would show, the declarant was absolutely in a conscious state and there is an endorsement in that regard by the treating doctor - Submission that the dying declaration is eminently vague is neither correct nor is it based on any material on record - It is found that he has named A-1, A-2, A-3, A-5, A-8, A-9 - In the absence of any kind of infirmity or inherent contradiction or inconsistency or any facet that would create a serious doubt on the dying declaration, e not inclined to discard it - It is well settled in law that conviction undisputedly can be based on dying declaration, if it is found totally reliable.
Indian Penal Code,1860 - Section 148 , Section 302
Murder - Appeal against Conviction - Appreciation of Evidence - Chance witness - There is no occasion on their part to be at the scene of crime repelled - Prosecution has been able to establish the presence of the witnesses at the place of occurrence - Plea that there was no electricity and, therefore, it would not have been possible on the part of the witnesses to see the accused-appellants by lighting the earthen mud lamp does not deserve commendation, for the witnesses have categorically deposed that they were able to see the accused persons and the participation of the accused-appellants - Thus, despite the keen scrutiny of their evidence, unable to put them in the category of so-called 'chance witnesses' as has been nomenclatured on behalf of the appellants.
Murder - Appeal against Conviction - Appreciation of Evidence - Plea of alibi - A finding has been returned by High Court that there is no evidence to the effect what is the distance between municipal office where the Committee meeting was held and the place where the offence had been committed; nothing has been brought on record to show that it was impossible for one to reach the place of offence; that the authenticity of the minutes book prepared under the signatures obtained have not been maintained in discharge of public function because the Water Committee constituted is not a statutory Committee - Prosecution has been able to clearly establish the presence of the accused-appellant A-1 at the scene of occurrence - Initial onus put on the prosecution having been discharged, the burden shifts to the accused to establish the plea of alibi with certainty -Plea of alibi of the accused- appellant, A-1, could not be accepted as his presence has been proven.
Murder - Parity - Claim for - High Court has acquitted A-4, A-8 and A-9 on the foundation that they have been falsely implicated - Learned senior counsel for the appellants has contended that when the appellate court had acquitted the said accused persons, there was no warrant to sustain the conviction of other accused person - Because the High Court has acquitted A-4, A-8 and A-9, that would not be a ground to discard the otherwise reliable dying declaration, for the evidence in entirety vividly show the involvement of the accused-appellants.
Indian Penal Code,1860 - Section 149
Unlawful Assembly - Non framing of Charge - On a perusal of the evidence on record, facts and circumstances clearly bring out that there was an unlawful assembly - Thus, the said issue of nonframing of charge under Section 149 IPC pales into insignificance.
Indian Penal Code,1860 - Section 302
Murder - Nature of offence - There are five stab injuries at different parts of the body i.e. near right axilla, below the right axilla, over right hypochoncriam at mid-clavicular line, over the border of right scapula and over mid spinal region at the level of 4th and 5th lumbar vertebra -Evidence on record shows that the deceased was assaulted as he was a witness in murder case wherein the accused-appellant, A-1, was an accused -Considering the nature of injuries and the previous animosity it is not a fit case where the offence under Section 302 IPC should be converted to Section 304 Part I IPC.
Important Decision(s)- Dying declaration - At the time of recording of the dying declaration, as the material would show, the declarant was absolutely in a conscious state and there is an endorsement in that regard by the treating doctor.