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A. S. GADKARI, MILIND N. JADHAV
Raju Kondiram More – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
Milind N. Jadhav, J. - This Appeal challenges the validity and legality of Judgment and Order dtd. 17/6/2016 passed by learned Additional Sessions Judge, Mangaon, Dist. Raigad in Sessions Case No. 15 of 2014 convicting Appellant for offence punishable under Sec. 302 of Indian Penal Code, 1860 (for short "IPC") and sentencing him to suffer imprisonment for life and to pay fine of Rs.2, 000.00, in default, to suffer further simple imprisonment for one month.
2. Appellant has been convicted for murder of his wife Jana Raju More (deceased). Both resided in a hut along with their two sons viz. Sameer and Chandrakant. Jana's father (PW-1) resided in another hut 200 feet away. According to prosecution, Appellant used to physically abuse Jana after consuming alcohol.
3. Prosecution case is as follows:
3.1. Date of incident is 21/12/2013. After having dinner, Appellant and PW-1 left the house and Jana with the two children went to sleep. Appellant returned in an inebriated state at about 10:00 p.m. and started abusing Jana without any reason. When she questioned him, he got annoyed and poured kerosene from a bottle on Jana, set her ablaze and left the house. Chandrakant woke up on h
The importance of a complete chain of evidence, the consistency of circumstances with the hypothesis of the guilt of the accused, and the exclusion of every possible hypothesis except the one to be p....
The main legal point established is the scrutiny of dying declarations and the reliance on medical and corroborative evidence in cases of conviction under Section 302 IPC.
: Motive is a thing which is primarily known to accused himself and it may not possible for prosecution to explain what actually prompted or excited him to commit a particular crime.
: When dying declaration has been recorded in accordance with law, and it gives a cogent and plausible explanation of occurrence, Court can rely upon it as solitary piece of evidence to convict accus....
(1) Dying declaration while carrying presumption of being true must be wholly reliable and inspire confidence – Where there is any suspicion over veracity of same or evidence on record shows that dyi....
The admissibility and reliability of dying declarations, emphasizing the need for voluntariness, truthfulness, and fitness of the declarant to make the statement.
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
The central legal point established in the judgment is the reliance on dying declarations as admissible and reliable evidence, guided by the principles of voluntariness, trustworthiness, and the need....
A dying declaration can serve as the sole basis for conviction if it is credible and free from infirmities; however, significant discrepancies and doubts regarding its reliability necessitate caution....
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