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V. K. JADHAV, SANDIPKUMAR C. MORE
Ashok Tukaram Kale – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Sandipkumar C. More, J.
1. The appellants, who are the original accused Nos.1 and 3, have preferred this appeal for assailing the judgment and order dated 31.12.2014, passed by the learned Sessions Judge, Beed ((hereinafter referred to as the “trial Court”) in Sessions Case No. 12/2014, whereby they are convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to suffer life imprisonment and also to pay fine of Rs. 5,000/- in default, to suffer rigorous imprisonment of one year. Initially, the crime involved in the aforesaid sessions case, was registered against three persons namely appellant No. 1 Ashok Tukaram Kale (husband of the deceased), co-accused Tukaram Kale (father-in-law of the deceased) and appellant No. 2 Hirabai Tukarma Kale (mother-in-law of the deceased). However, the learned trial Court has convicted only the present appellants by acquitting the co-accused-Tukaram Kale (father-in-law of deceased).
However, at the time of pronouncement of this judgment, learned Counsel for the appellants brought it to our notice that present appellant no.2 – Hirabai Tukaram Kale died during pendency of this appeal
Dying declarations must be consistent and reliable, as they can form the sole basis for conviction only if they inspire full confidence and are free from inconsistencies.
Dying declarations may serve as the sole basis for conviction if deemed voluntary, consistent, and credible; inconsistencies must be assessed in light of surrounding facts.
Dying declarations can serve as the sole basis for conviction if they are consistent and credible; however, inconsistencies and lack of corroborative evidence can lead to reasonable doubt and acquitt....
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
The reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
The central legal point established in the judgment is the need for caution in relying on dying declarations, the importance of corroborative evidence, and the entitlement of the accused to the benef....
Dying declarations can be the sole basis for conviction if found to be voluntary and credible, regardless of minor inconsistencies.
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