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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Bapu Bajarang Patil – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. conviction for murder under ipc based on dying declarations. (Para 1 , 2 , 3) |
| 2. reliance on consistent dying declarations. (Para 4) |
| 3. appellant's counsel challenges the credibility of dying declarations. (Para 5 , 6 , 7) |
| 4. legal standards for appreciating dying declarations. (Para 8 , 9) |
| 5. analysis of inconsistencies in dying declarations. (Para 10 , 11 , 12) |
| 6. court finds dying declarations to be voluntary and consistent. (Para 13 , 14 , 15 , 16 , 17) |
| 7. supreme court guidelines on sentencing for murder. (Para 18 , 19) |
| 8. modification of the life imprisonment sentence. (Para 20 , 21) |
JUDGMENT :
Abhay S. Waghwase, J. - Present appeal is directed against judgment and order of learned learned Additional Sessions Judge, Dhule in Sessions Case No.95 of 2015 dated 29-09-2016, by which appellant is convicted for offence under Section 302 of the INDIAN PENAL CODE (IPC) and sentenced to suffer imprisonment for life till remainder of his natural life and to pay fine.
2. Shorn of details, the case set up by prosecution is as under:
Deceased Ratnabai was married to appellant and out of their wedlock they had children. Accused who was addicted to liquor used to suspect fidelity
Dying declarations can be the sole basis for conviction if found to be voluntary and credible, regardless of minor inconsistencies.
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.
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 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 court reiterated the principles governing the admissibility and evidentiary value of dying declarations, emphasizing the need for careful scrutiny to ensure their genuineness and reliability.
Dying declarations can be the basis for conviction if voluntary and reliable; inconsistencies can undermine their credibility, especially when the accused was not present during the incident.
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
Dying declaration – In cases where Court finds that there exist more than one dying declarations, each one of them must be examined with care and caution and only after satisfying itself as to which ....
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