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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Raju Rangnath Kolte – Appellant
Versus
State of Maharashtra, (At the instance of Waluj Police, Dist. Aurangabad) – Respondent
JUDGMENT :
(Abhay S. Waghwase, J.) :
1. The instant appeal under Section 374 of the Code of Criminal Procedure [Cr.P.C.], is directed by the appellant/convict against the judgment and order dated 27.05.2016 passed by learned Additional Sessions Judge, Vaijapur in Sessions Case No. 81 of 2014 by which appellant came to be held guilty and so convicted and sentenced for commission the offence punishable under Section 302 of the Indian Penal Code [IPC].
FACTS IN BRIEF GIVING RISE TO THE SESSIONS TRIAL
2. Deceased Manisha was married to accused Raju around 9 years prior to the incident. Accused was a driver by occupation. According to prosecution, after a year or two, accused started ill-treating deceased Manisha and beat her after getting drunk. Because of such treatment meted out to her, her father PW1 Tarachand brought both of them to reside at Waluj and thereafter, at his own village i.e. Dhamori and they were put up in a rented premises owned by PW7- Kavita.
3. On 14.04.2014, Manisha suffered burns and was resultantly shifted to hospital. There she gave dying declaration Exhibit 43 recorded by PW10 PSI Vyankatesh Ranvirkar, on the strength of which crime came to be registered. While
The reliability and evidentiary value of dying declarations, and the application of settled legal principles in determining their credibility.
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 can be the sole basis for conviction if found to be voluntary and credible, regardless of minor 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.
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