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REVATI MOHITE DERE, PRITHVIRAJ K. CHAVAN
Baban Sopan Jitethor – Appellant
Versus
State of Maharashtra Through Gangapur Police Station, Nashik – Respondent
JUDGMENT :
Prithviraj K. Chavan, J.
By this Appeal the appellant challenges a judgment and order of conviction rendered by the Additional Sessions Judge, Nashik in Session Case No.281 of 2013 on 31st January, 2018, by which he has been convicted of the offence punishable under Section 302 of the Indian Penal Code (for short “IPC”) and sentenced to undergo imprisonment for life with fine of Rs.1,000/-.
2. The prosecution story goes like this:
The appellant is the father-in-law of the victim - Nilam Dhanraj Jithethor (for short “victim”). On 1st April, 2013, the victim, who was then aged about 19 years, was admitted in Civil Hospital Nashik with burn injuries. On the basis of her complaint recorded by an Assistant Police Inspector- J. B. Sapkale of Gangapur Police Station, it revealed that after her marriage with the son of the appellant on 13th February, 2013, the victim was subjected to physical and mental torture by the appellant as well as her mother-in-law and brother-in-law - Rahul.
3. On 30th March, 2013, around 6:00 p.m. her mother-in-law and husband Dhanraj were out of the house near the water tap connection. The victim was emptying water pots in the kitchen. At that time, the ap
The court established that inconsistent dying declarations can undermine the prosecution's case, necessitating a careful evaluation of their credibility.
In cases of doubt, the proposition in favor of the accused should be accepted, and the accused should be given the benefit of the doubt.
Dying declarations can serve as the sole basis for conviction if they are proven to be reliable, but lack of corroboration or inconsistencies can lead to acquittal.
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.
The court held that the dying declarations were not reliable due to inconsistencies between them and the lack of medical evidence to support the deceased's fitness to make the statements.
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 only support a conviction if consistent and made in a fit mental state; inconsistencies create reasonable doubt.
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