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R. G. AVACHAT, NEERAJ P. DHOTE
Madhav Bhairoba Shirfule – Appellant
Versus
State of Maharashtra, Through Police Station Himayatnagar, District Nanded – Respondent
JUDGMENT :
Neeraj P. Dhote, J.
1. This is an Appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 [hereinafter referred to as ‘Cr.PC’ for short] against the Judgment and Order dated 06/11/2015, passed by the learned Additional Sessions Judge, Bhokar, in Sessions Case No.02/2014 convicting the Appellant for the offence punishable under Section 302 of the Indian Penal Code, 1860 [hereinafter referred to as ‘IPC’ for short] and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.15000/-, in default, to undergo R.I. for two years.
2. Prosecution’s case as revealed from the Police Report is as under:
2.1 Two months prior to the incident, the Appellant and his nephew - Dnyaneshwar Ananda Wankhede [acquitted Accused] committed theft in the house of deceased – Sanjay Nivrattirao Shirfule. Both of them confessed the crime before the villagers. At that time, the Appellant threatened deceased - Sanjay to eliminate his family. The report was lodged for the said threat with the Himayatnagar Police Station, in which, the Appellant was arrested. On that c
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....
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
Dying declarations can serve as the sole basis for conviction if corroborated by reliable evidence, and the prosecution must prove its case beyond reasonable doubt.
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