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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Samadhan S/o. Pandit Chaudhari – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
SMT.VIBHA KANKANWADI, J. - Present Appeal has been filed by the original accused challenging his conviction by learned Additional Sessions Judge, Amalner, District-Jalgaon on 8/9/2015 in Sessions Case No.42 of 2012, after holding him guilty of committing offence under Sec. 302 and 323 of the Indian Penal Code. The appellant has been sentenced to suffer imprisonment for life and to pay fine of Rs.5,000.00, in default to suffer rigorous imprisonment for two years, for committing offence under Sec. 302 of the Indian Penal Code and he has been further sentenced to suffer rigorous imprisonment for one year for the offence punishable under Sec. 323 of the Indian Penal Code. Both the sentences have been directed to run concurrently.
2. Heard learned Advocate Mr. Wani appearing for the appellant and learned APP Mrs. Diggikar appearing for the respondent - State.
3. It has been vehemently submitted on behalf of the appellant that the learned trial Judge has not appreciated the evidence properly. It is alleged that the present appellant has committed murder of his wife Sangita. Sangita was admitted in the hospital after she had allegedly sustained burn injuries. Her dying declara
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 reliability of dying declarations, the influence of intoxication on criminal actions, and the requirement of evidence for specific charges.
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....
Murder of wife - Conviction upheld - Where an accused is alleged to have committed the murder of his wife and the prosecution succeeds in leading evidence to show that shortly before the commission o....
Oral dying declaration is admissible in evidence and there is no legal bar – There is no requirement of law that a dying declaration must necessarily be made to a Magistrate with certification of doc....
Dying declarations can constitute sole evidence for conviction if found voluntary and truthful; the burden of proof for alibi rests solely with the appellant.
Dying declarations must be consistent and reliable, as they can form the sole basis for conviction only if they inspire full confidence and are free from inconsistencies.
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