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SURYA KANT, K. V. VISWANATHAN
Dharmendra Kumar @ Dhamma – Appellant
Versus
State of Madhya Pradesh – Respondent
Headnote: Read headnote
JUDGMENT :
SURYA KANT, J.
Leave granted.
2. This appeal is directed against the judgment dated 19.12.2017, passed by the High Court of Madhya Pradesh at Jabalpur (hereinafter, ‘High Court’), dismissing the Criminal Appeal filed by the Appellant against his conviction and sentence under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter, ‘IPC’) awarded by the Learned Additional Sessions Judge, Bhopal (hereinafter, ‘Trial Court’) vide judgment and order dated 10.11.2005.
FACTS :
3. At this juncture, it is imperative to delve into the factual matrix to set out the context of the present proceedings.
4. FIR No. 268 dated 20.06.2004 was registered at Police Station Kamla Nagar, Bhopal under Sections 307, 147, 148, and 149 of IPC on the statement of Usha Bai (P.W.10). The said Complainant stated that on the night of 20.06.2004, at around 9:30 pm, she was overseeing the construction of the wall of her Jhuggi (hut) by Devi Singh @ Tillu, and Tularam. At that moment, accused persons, Ahma
The court emphasized the credibility of dying declarations as substantive evidence, modifying convictions based on the established intent and involvement of the accused in the crime.
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
(1) Dying declaration – For a statement to be termed dying declaration, circumstances discussed/disclosed therein must have some proximate relation to actual occurrence – If a dying declaration inspi....
The court relied on oral and documentary evidence to establish the guilt of the accused under Section 302 IPC.
A dying declaration can serve as the sole basis for conviction if found trustworthy, supported by corroborative evidence.
A dying declaration can serve as the sole basis for conviction if it is credible and corroborated, emphasizing its legal admissibility in murder cases.
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