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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Y.G.KHOBRAGADE, SANDIP KUMAR C.MORE
Dhanraj S/o Narhari Yedale – Appellant
Versus
State of Maharashtra – Respondent
Judgment :
Y. G. Khobragade, J.
1. By the present appeal under section 374(2) of the Criminal Procedure Code, the appellants-original accused takes exception to the judgment and order dated 26.03.2023 passed by the learned 2nd Ad- Additional Sessions Judge, Osmanabad, in Sessions Case No. 55 of 2002, whereby, the appellants/accused are convicted for the offences punishable under sections 498-A, 302 read with section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.500/- each for the offence punishable under Section 498A and imprisonment for life with fine of Rs.1000/- each for the offence punishable under Section 302 of Indian Penal Code and ordered the sentences to run concurrently.
2. During the course of pendency of the present appeal, Accused/Appellant No.3 Narhari died on 16.09.2009, therefore, this court passed an order on 01.10.2025 and abated the appeal as against accused/appellant No.3.
3. The facts giving rise to the prosecution’s case in brief are that on 03.06.2011 marriage of deceased Sangita, daughter of Das Maroti Thombre and Vatchhalabai Das Thombre, was solemnized with accused No.1 Dhanraj. Accused No. 3
A dying declaration, if proven voluntary and coherent, may be the sole basis for conviction, even if the declarant suffers from severe injuries, provided it inspires confidence in the court.
The Dying Declaration must be credible and corroborated; in this case, it was deemed unreliable due to contradictions and lack of supporting evidence.
Oral dying declaration is admissible in evidence and there is no legal bar – There is no requirement of law that a dying declaration must necessarily be made to a Magistrate with certification of doc....
Murder of wife - Conviction upheld - Where an accused is alleged to have committed the murder of his wife and the prosecution succeeds in leading evidence to show that shortly before the commission o....
The admissibility and reliability of dying declarations in establishing guilt in criminal cases.
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
The court determined that reliance on a dying declaration in a semi-comatose state without corroborating evidence is insufficient for conviction in a dowry-related homicide case.
Dying declarations can constitute sole evidence for conviction if found voluntary and truthful; the burden of proof for alibi rests solely with the appellant.
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