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SANJAY KAROL, N. KOTISWAR SINGH
Shankar – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. factual circumstances of the incident. (Para 2 , 3 , 4 , 5) |
| 2. high court's affirmation of trial court's findings. (Para 6) |
| 3. scope of interference in concurrent convictions. (Para 7 , 8) |
| 4. value of dying declarations in law. (Para 9) |
| 5. challenges to dying declaration and witness credibility. (Para 10 , 11 , 12) |
| 6. dismissal of appeal and its implications. (Para 13) |
| 7. equality and women's rights under the constitution. (Para 14) |
| 8. addressing societal issues despite legal advancements. (Para 15 , 16 , 17 , 18) |
JUDGMENT :
SANJAY KAROL, J.
1. Leave granted.
2. Shankar, the appellant was accused of having beaten up, poured kerosene over his wife-Sugna Bai, and killed her by setting her on fire. The Trial Court, Sessions Judge, Bundi, in Sessions Case No. 249/2012 in terms of judgment dated 10.12.2014 sentenced him to life imprisonment under Section 302 and rigorous imprisonment for one year under Section 342, Indian Penal Code 1860.1 [IPC] Fines of Rs. 1000/- each for both the offences was also imposed, and simple imprisonment for one month was indicated to be suffered by him in the event of default. Criminal Appeal No. 65 of 2015 was dismissed by the learned Division Benc
The court reaffirmed the evidentiary value of dying declarations, emphasizing their reliability in murder cases when corroborated by medical evidence, thereby upholding the conviction for domestic vi....
A dying declaration, if consistent, believable, and free from tutoring, serves as a reliable exception to the hearsay rule and can form the sole basis for conviction. Appellate courts will not interf....
The judgment emphasizes the urgency for the society and the legal system to comprehensively address the issues of dowry deaths and combat patriarchy, sexism, and misogyny.
(1) Dying declaration – While conviction can be solely based on a dying declaration, court still has to weigh the same in light of surrounding circumstances and with reference to principles governing....
Dying declarations can serve as sole basis for conviction if deemed reliable, conscious, and voluntary.
Oral dying declaration is admissible in evidence and there is no legal bar – There is no requirement of law that a dying declaration must necessarily be made to a Magistrate with certification of doc....
The main legal point established in the judgment is the requirement for cogent and clinching evidence to establish guilt beyond all manner of doubt, especially in cases involving dying declarations a....
Circumstantial evidence must establish guilt beyond reasonable doubt; appellant convicted for dowry death after proving ongoing cruelty, not murder.
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