T.K. REDDY versus STATE OF A.P. AND ORS.

T.K. REDDY versus STATE OF A.P. AND ORS.

Conviction under Section 302 IPC cannot be sustained as factual evidence from witnesses contradicted the presence of the accused at the time of incident and the dying declaration was not corroborated.

Source-derived case information.

Parties
Appellant: T.K. Reddy; Respondent: State of A.P. and ors.
Jurisdiction
India
Judgment Date
23 August 2002
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Conviction
Outcome
Appeal allowed; acquittal
Legal Topics
Murder, Dying Declaration, Section 302 IPC, Evidence Assessment
Criminal Law Murder Dying Declaration Section 302 IPC Evidence Assessment

Source-derived case record

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Parties

T.K. Reddy

Appellant

State of A.P. and ors.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Conviction

Legal Issues

  1. 1 Whether conviction under Section 302 IPC can be sustained based on contradictory dying declarations
  2. 2 Whether appellant's presence at the scene was established by evidence

Ratio Decidendi

Conviction under Section 302 IPC cannot be sustained as factual evidence from witnesses contradicted the presence of the accused at the time of incident and the dying declaration was not corroborated.

Court Disposition

Appeal allowed; acquittal

Orders

  • Conviction and sentence set aside
  • Appellant acquitted of charge under Section 302 IPC