SIDDARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the appellant.

(2.) THE brief facts are as follows:

(3.) THEREFORE , the Trial Court having taken a strict view of the manner in which a dying declaration should be recorded and the requirement of the formalities, is no longer good law and would submit that the court below having negated the Exhibit P8, has resulted in a miscarriage of justice Therefore, if Exhibit P8 is accepted on its face value and coupled with the fact that the husband was infrequently at home leaving Shoba the deceased exposed to the overtures of the neighbourer, the accused No. 2 and the further act of Accused No. 1 in maliciously spreading rumours about an alleged illicit affair, would certainly constitute an offence punishable under Section 307 IPC and hence would plead that the judgment of the court below be set aside and the accused be convicted, in accordance with law.