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VIBHA KANKANWADI, Y. G. KHOBRAGADE
Arjun S/o. Zinga Ransing – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Vibha Kankanwadi, J.
1. Present Appeal has been filed by the original accused challenging his conviction by the learned Sessions Judge, Beed dated 28th August 2014 in Sessions Case No.15 of 2013 thereby holding him guilty of committing offence under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Rs.1000/-, in default to suffer rigorous imprisonment for three months.
2. The prosecution story, in short, is that deceased Sunita, aged 25 years was the wife of present appellant. They got married about four years prior to 9th October 2012. Accused was serving as a tractor driver and was addicted to liquor. He used to assault deceased under the influence of liquor and used to raise suspicion over her character. Because of his such behaviour, Sunita had gone to her parents house for about a month prior to 9th October 2012. However, accused went on Thursday prior to 9th October 2012 to her father’s house in Ranjani Kelwandi, Taluka-Pathardi, District-Ahmednagar and fetched her back. Thereafter the incident took place on Monday i.e. 8th October 2012. Sunita had prepared the food around 7.00 to 8.00 p.m. Her husband ca
The central legal point established in the judgment is the requirement for a dying declaration to be true, voluntary, and inspiring confidence, and the need to consider corroborative evidence when re....
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....
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 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....
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.
The court emphasized the need for dying declarations to inspire confidence, the absence of tutoring or prompting, and the compatibility of the declaration with established facts.
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