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ASHUTOSH KUMAR, JITENDRA KUMAR
Pachiya Devi – Appellant
Versus
State of Bihar – Respondent
JUDGMENT (ORAL)
Ashutosh Kumar, J.—Both the appeals have been heard together and are being disposed of by this common judgment.
2. We have heard Shri Pravin Kumar, the learned Advocate for the appellants and Mr. Abhimanyu Sharma, the learned APP for the State.
3. The three appellants have been convicted for the offence under Sections 341, 447, 504 and 302/34 of the Indian Penal Code vide judgment dated 07.03.2017 passed by the learned Sessions Judge, Bhagalpur in Sessions Trial No. 07/2013/13/2015 arising out of Shahkund (Sajour) P.S. Case No. 68/2011. By order dated 09.03.2017, they have been sentenced to undergo R.I. for one month separately under each of the counts, namely, Sections 341, 447 and 504 of the IPC. For the offence under Section 302/34 IPC, the appellants have been directed to undergo imprisonment for life, to pay a fine of Rs. 2,000/- each and in default of payment of fine, to further suffer simple imprisonment for two months. The sentences have been ordered to run concurrently.
4. One Kali Devi is said to have been burnt to death.
5. The F.I.R. was lodged on the fardbeyan of the deceased which was recorded by S.I. M. Rahman (PW15) on 20.04.2011 at about 9.45 A.M. at
Dying declaration – Multiplicity of dying declarations do not prove prosecution case – Rule of benefit of reasonable doubt does not imply that any departure from due procedure would justify rendering....
[A dying declaration can serve as the sole basis for conviction if it is found to be voluntary, coherent, and made in a fit mental state, even in the presence of minor inconsistencies.]
The reliability and sufficiency of corroborating evidence in a dying declaration, and the impact of non-examination of relevant witnesses on the case
A dying declaration must be voluntary and reliable; inconsistencies and external pressure can render it inadmissible, leading to acquittal if no corroborative evidence exists.
Dying declaration as fardbeyan without doctor's fitness certificate but recorded in doctor's presence amid 90% burns held reliable and voluntary where no tutoring evident, sufficient for murder convi....
Dying declarations can only support a conviction if consistent and made in a fit mental state; inconsistencies create reasonable doubt.
The court ruled that a dying declaration must be credible and recorded under proper conditions; discrepancies and lack of corroborative evidence led to the acquittal of the appellant.
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