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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Pandurang S/o Shankar Rajbhoj – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
[Vibha Kankanwadi, J.] :
1. Present Appeal has been filed by the original accused persons challenging their conviction by the learned Additional Sessions Judge, Gangakhed, District-Parbhani on 7th September 2015 in Sessions Trial No.24 of 2012, by holding them guilty of committing offence punishable under Section 302 read with Section 34 of the Indian Penal Code. Appellants – accused have been sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/- (Rupees One Thousand) each, in default to suffer rigorous imprisonment for six months each.
2. The prosecution case is that deceased Sheelabai was married to one Nagorao Rajbhoj about a month prior to 16th May 2011. Appellant No.1 is her brother-in-law and appellant No.2 is her mother-in-law. The offence came to be registered on the basis of dying declaration given by deceased Sheelabai and it was recorded by Police Head Constable Shaikh, attached to Civil Hospital Police Chowki from Wajirabad Police Station, Nanded. Sheelabai was admitted around 4.30 p.m. on 16th May 2011 with 98% superficial to deep burns. It is the prosecution story that after her admission when Medico Legal Case was intimated to the Police O
A dying declaration can serve as the sole basis for conviction if it meets the criteria of truthfulness, voluntariness, and absence of suspicion, as established by the Indian Evidence Act and relevan....
The main legal point established in the judgment is the requirement for voluntary, reliable, and consistent dying declarations, along with the need for corroboration and prompt recording to ensure th....
Dying declarations can constitute sole evidence for conviction if found voluntary and truthful; the burden of proof for alibi rests solely with the appellant.
Dying declarations can serve as the sole basis for conviction if they are proven to be true, voluntary, and made in a fit mental state; however, inconsistencies and vagueness in such declarations can....
Dying declarations can be the basis for conviction if they are found to be truthful and voluntary; however, they must be carefully scrutinized, especially in the absence of corroborative evidence.
The admissibility and evidentiary value of Dying Declarations, as governed by Section 32(1) of the Evidence Act and the principles established in relevant case law, were central to the judgment.
Murder of wife - Conviction upheld - Where an accused is alleged to have committed the murder of his wife and the prosecution succeeds in leading evidence to show that shortly before the commission o....
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