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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Bapu Bajarang Patil – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. factual basis of the case and event description. (Para 1 , 2) |
| 2. evidence and witness details for prosecution. (Para 3 , 4) |
| 3. arguments regarding the validity of dying declarations. (Para 5 , 6 , 7) |
| 4. legal analysis of dying declarations. (Para 8 , 15) |
| 5. principles governing dying declarations. (Para 9 , 10 , 11 , 12 , 13) |
| 6. child witness testimony analyzed alongside dying declarations. (Para 16) |
| 7. evaluation of credibility and potential contradictions in witness testimonies. (Para 17 , 18) |
| 8. limitations on sentencing authority and implications for the case. (Para 19 , 20) |
| 9. final order and modification of sentence. (Para 21) |
JUDGMENT :
Abhay S.Waghwase, J. - Present appeal is directed against judgment and order of 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 t
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 be the sole basis for conviction if found to be voluntary and credible, regardless of minor inconsistencies.
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 must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
The admissibility and reliability of dying declarations and the requirement for them to be voluntary, truthful, and free from infirmities to be relied upon.
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.
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