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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
R.G.AVACHAT, NEERAJ P. DHOTE, JJ.
Dattatraya Arjun Bhosale – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(R.G. Avachat, J.) :
The challenge in this appeal is to the judgment and order of conviction and consequential sentence dated 03.05.2017, passed by learned Sessions Judge, Ahmednagar (Trial Court) in Sessions Case No.188 of 2015. Vide the impugned and order, the appellant has been convicted for the offences punishable under Sections 302 and 323 of Indian Penal Code and therefore, sentenced to suffer life imprisonment and to pay a fine of Rs.1,000/- and simple imprisonment, respectively, with default stipulation.
2. The facts, in brief, giving rise to the present appeal are as follows:-
The appellant married Suvarna (deceased) in 2002. The couple was blessed with two children. The appellant got addicted to liquor. On the given day, i.e. on 02.01.2015, by little past 10.00 p.m., the appellant returned to his one-room house. He was drunk. Since his son Aditya (PW1) was not seen studying, he assaulted him with belt. Suvarna intervened. A petty quarrel ensued between the couple. The appellant doused Suvarna with kerosene and set her ablaze after closing the door from inside. PW1 – Aditya raised cries and called his uncle. His uncle (Pralhad), in turn, broke open the door. He exti
The prosecution failed to prove the appellant's guilt beyond reasonable doubt, leading to the acquittal based on unreliable evidence and inconsistencies in testimonies.
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 admissibility and reliability of dying declarations and the requirement for them to be voluntary, truthful, and free from infirmities to be relied upon.
Court emphasized that a magistrate's dying declaration carries significant weight over oral declarations, affecting conviction in murder cases.
Where there are more than one statement in the nature of dying declaration, one first in point of time must be preferred. Of course, if the plurality of dying declaration could be held to be trustwor....
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 must be consistent and reliable, as they can form the sole basis for conviction only if they inspire full confidence and are free from inconsistencies.
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