Muggula Vijaykumar v. the State of Telangana.,Rep.,Pp
Case brief
What is this about?
Telangana High Court, Crl.A. No. 846 of 2017, decided 11-02-2025 (K. Surender, J.). Keywords: dying declaration; contradictory dying declarations; fit state of mind; sedation; doctor's certificate; preliminary questions by Magistrate; Ex.P18; PW13 Magistrate; PW16 Inspector; Section 302 IPC murder; Sections 342, 363, 307, 376 r/w 511, 420 IPC; Section 313 CrPC; Section 374(2) CrPC appeal; kerosene burning; BHEL; Vijayawada; Dandu Lakshmi Reddy (1999) 7 SCC 69 referred; conviction affirmed; appeal dismissed.
What did the court decide?
The police-recorded statement (Ex.P18) cannot be considered: PW16 neither sought the doctor's assistance nor put preliminary questions, made no endorsement of satisfaction, and there was no doctor's endorsement; the deceased was under sedation and not in a fit state of mind when it was recorded on 17.03.2010.