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VIBHA KANKANWADI, Y. G. KHOBRAGADE
Shaikh Mustafa s/o Shaikh Dastagir – Appellant
Versus
State of Maharashtra Through Police Station Officer, Police Station – Respondent
JUDGMENT :
Vibha Kankanwadi, J.
1. Present appeal has been filed by the original accused No.1 challenging his conviction under Section 302 of the Indian Penal Code, 1860 by learned Additional Sessions Judge, Majalgaon, Dist. Beed in Sessions Case No.50/2014 on 27.06.2016.
2. The prosecution story, in short, is that one Chunni w/o Mustafa Shaikh came to be admitted in Swami Ramanand Tirth Hospital, Ambajogai on 27.07.2014. PW 4 ASI Mr. Ramakant Thorat attached to Ambajogai City Police Station recorded her statement (Exh.47) between 9.00 to 9.30 a.m. on 27.07.2014. She disclosed that she resides with her husband, three children, mother-in-law and father-in-law at village Nitrud, Tq. Majalgaon. Her husband i.e. present appellant demanded her money for drinking liquor around 7.00 a.m. on 27.07.2014. She refused to give the money. Accused No.1 abused her and poured kerosene from can on her person and thereafter by igniting the match stick set her to fire. When she tried to go out of the house in burning condition, at that time, the in-laws latched the door from inside and prevented her from going out. When she was shouting, her brother, who is also the resident of same village, came along
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.
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 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 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 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....
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 reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
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