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VIBHA KANKANWADI, S. G. CHAPALGAONKAR
Bhagwan Ramdas Tupe – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
VIBHA KANKANWADI, J.
1. Present appeal has been filed by the original accused challenging his conviction in Sessions Case No.220/2012 dated 10.02.2016 by learned Additional Sessions Judge, Jalgaon after holding him guilty for the offence punishable under Section 302 of the Indian Penal Code, 1860. The appellant has been sentenced to suffer imprisonment for life and pay fine of Rs.5,000/- (Rupees Five Thousand only), in default to suffer rigorous imprisonment for six months. He was not on bail throughout the trial and, therefore, set off under Section 428 of the Code of Criminal Procedure has been granted.
2. The prosecution story, in short, is that – deceased Vithabai Bajirao Patil is the mother of PW 2 Anita Sanjay Adhav and grandmother of PW 1 Vaishnavi Sanjay Adhav. Vithabai and Anita were residing adjacent to each other. The accused was also residing adjacent to them. Vithabai was admitted in Bapji Rural Hospital, Chalisgaon on 08.09.2012 after she sustained burn injuries. MLC was given to Chalisgaon Police Station and, therefore, PW 10 then Police Sub Inspector Mr. Suresh Deshmukh went to the hospital and recorded her statement as per her say. On the basis of the said
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....
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....
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 admissibility and reliability of dying declarations and the requirement for them to be voluntary, truthful, and free from infirmities to be relied upon.
The voluntary and truthful nature of dying declaration and the competency of a child witness to depose are crucial in establishing guilt and determining the appropriate criminal offense.
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.
A dying declaration can serve as the sole basis for conviction if it is credible and corroborated, emphasizing its legal admissibility in murder cases.
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