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ABHAY S. WAGHWASE
Mohamad Hasan Nisar Ahmad Ansari – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. In this appeal, there is challenge to the judgment and order dated 06.12.2004 passed by 1st Ad-hoc Additional Sessions Judge, Dhule in Sessions Case No. 91 of 2003 holding appellant guilty for offence punishable under sections 498-A and 306 of Indian Penal Code (IPC).
PROSECUTION CASE IN TRIAL COURT IS THAT
2. Azad Nagar Police Station, Dhule recorded crime on dying declaration Exh.40 given by deceased Fatemabi while she was admitted in civil hospital, Dhule, wherein she reported that, she is married two years back and is three months pregnant. On 08.05.2002, husband mother-in-law and father-in-law abused her in filthy language and beat her by fist blows in the morning. Previously also, there was abuse and beating to her. That, husband and in-laws did not like her. She had sought divorce and the same was not given.
Therefore, she poured kerosene on herself and immolated herself.
3. Her such statement was recorded by PW7 Chavan, who was working as PSI and he registered crime bearing no.61 of 2002 for offence punishable under sections 498-A, 323, 506 and 504 read with section 34 of IPC.
While undergoing treatment, she succumbed due to 85% burns and therefore, crime was altere
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 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.
Weight and utility of a dying declaration depend upon surrounding circumstances and credibility which court attaches to it, having regard to evidence led before it.
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 ....
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.
The court established that mere allegations of harassment without direct evidence of instigation or cruelty do not suffice for conviction under Sections 498-A and 306 IPC.
Dying declarations can be the sole basis for conviction if credible, but inconsistencies and the circumstances of their recording can undermine their reliability.
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