B S HARISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Being aggrieved by the judgment of conviction and order on sentence dated 4.2.2011, passed by the IV Addl.District & Sessions Judge, at Mysuru, (hence forth for brevity referred to as the 'Sessions Court') in S.C. No.269 of 2009, convicting him for an offence punishable under Section 302 of Indian Penal Code and sentencing him to undergo life imprisonment and to pay a fine of Rs.10,000/- and in default of payment of fine, to undergo simple imprisonment for a period of six months, the appellant has filed this appeal.

(2.) In his memorandum of appeal, the appellant has taken the contention that the order of conviction is unsustainable in law. The Court below has passed the order of conviction merely on the basis of dying declaration without appreciating that the prosecution had failed to establish that any such dying declaration had been made at all. The alleged dying declaration has not been recorded in the manner and as prescribed under the law. As such, it ought not to have been relied upon. Except PW-11, no other person has been examined in support of the alleged dying declaration. The doctor said to have been present while recording the dying declaration also has not been examined. Thus, the alleged dying declaration was carrying no credibility. As such, the judgment of conviction passed by the Sessions Court relying upon the said dying declaration is not at all sustainable in law.

(3.) The respondent is being represented by Sri Vijayakumar Majage, Additional State Public Prosecutor.