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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Bapu Bajarang Patil – Appellant
Versus
State of Maharashtra – Respondent
Headnote: Read headnote
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 of deceased. On the intervening night of 16-05-2015 and 17-05-2015, accused came home drunk and raised suspicion on the character of deceased and thereafte
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 reliability and evidentiary value of dying declarations, and the application of settled legal principles in determining their credibility.
The central legal point established in the judgment is the need for caution in relying on dying declarations, the importance of corroborative evidence, and the entitlement of the accused to the benef....
In case, there are multiple dying declarations and there are inconsistencies between them, generally, the dying declaration recorded by the higher officer like a Magistrate can be relied upon, provid....
The main legal point established in the judgment is the admissibility and reliability of dying declarations, emphasizing the need for voluntariness, truthfulness, and corroboration, and the importanc....
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.
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