Back
VIBHA KANKANWADI, Y. G. KHOBRAGADE
Chandrabhagabai W/o. Namdev Jagle – Appellant
Versus
State of Maharashtra, Through Police Inspector, Police Station, Nilanga, Latur – Respondent
ORDER :
1. Both the appeals are arising out of the conviction awarded to the appellants by learned Additional Sessions Judge, Nilanga, Dist. Latur in Sessions Case No.23/2013 dated 10.02.2015. Appellant in Criminal Appeal No.617 of 2015 is the original accused No.2. It would be worth to mention here that she had filed the appeal challenging her conviction on 28.07.2015 together with application for condonation of delay. The delay was condoned and her appeal was registered. However, original accused No.1, who is her son, had not preferred any appeal. Criminal Appeal No.617 of 2015 came to be admitted on 04.08.2015 and by order date 14.12.2015 her application for suspension of sentence came to be rejected. However, the hearing of the appeal was expedited. Though the paper book was ready, it appears that the matter was not got for circulation till 14.10.2020. The learned Advocate for the appellant was absent on that day and then the matter was posted for final hearing. Thereafter also it was not regularly taken up and no interest was shown by the learned Advocate for the appellant. When the matter was on board on 29.07.2022 and the learned Advocate for the appellant Chandrabhagabai was
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.
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.
The reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
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.
Dying declarations can be the sole basis for conviction if found to be voluntary and credible, regardless of minor inconsistencies.
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 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
