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VIBHA KANKANWADI, Y. G. KHOBRAGADE
Balaji – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
Y.G.KHOBRAGADE, J. - The present appeal under Sec. 374(2) of the Code of Criminal Procedure is filed by the appellant / accused challenging judgment and order of his conviction passed by the learned Sessions Judge, Nanded in Sessions Case No. 13/2015 on 18/2/2016 for the offence punishable under Sec. 302 of the Indian Penal Code, thereby sentencing him to suffer life imprisonment.
2. The prosecution's story is that MLC report was received by the Rural Police Station, Nanded at about 1.10 p.m. on 24/10/2014 from Civil Hospital, Nanded about admission of a patient by name Arun Dilip Sonkamble after he had received burn injuries. Thereafter P.W. 8 Shivaji Mahajan Kondewad went to burn ward No. 14 of Civil Hospital, Nanded and recorded statement of injured after obtaining required endorsement from the Medical Officer. While recording statement, the victim had stated that he was proceeding towards his house from residence of his parental aunt (P.W.3) at about 12.30 p.m., on 24/10/2014. When he reached near flag post, Baudh Vihar at that time appellant /accused Balaji alias Balu Whitener met him and demanded money from him, but he did not give amount. At that time accused No
The judgment establishes that multiple inconsistent dying declarations cannot serve as a reliable basis for conviction in a murder case, emphasizing the need for corroborative evidence.
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.
Dying declarations can constitute sole evidence for conviction if found voluntary and truthful; the burden of proof for alibi rests solely with the appellant.
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
Dying declarations can serve as the sole basis for conviction if they are consistent and credible; however, inconsistencies and lack of corroborative evidence can lead to reasonable doubt and acquitt....
The court reiterated the principles laid down in Mehiboobsab Abbasabi Nadaf (2007) and Puran Chand (2010) regarding the evaluation of dying declarations. The court held that dying declarations must b....
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....
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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