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A. M. BADAR, CHANDRA SHEKHAR JHA
Dharmendra Paswan – Appellant
Versus
State of Bihar – Respondent
CHANDRA SHEKHAR JHA, J.:–This appeal is directed against the impugned judgment of conviction dated 19.07.2018 and order of sentence dated 24.07.2018 passed by the learned Additional Sessions Judge-VI, Ara, Bhojpur (hereinafter referred to as the ‘Trial Court’) in Sessions Trial No.15 of 2018 arising out of Piro P.S. Case No.155 of 2017 whereby and whereunder the sole appellant has been convicted for the offences punishable under Sections 302 read with Section 34 of the Indian Penal Code (for short ‘IPC’) and consequently, sentenced the appellant to undergo imprisonment for life.
2. The case of the prosecution, which is based upon the statement of injured/deceased, namely, Sandhya Devi, who died during the course of her treatment, while she was admitted in Primary Health Centre, Piro on 21.06.2017 at about 7:15 A.M., recorded by the Assistant Sub-Inspector of Police, Dilip Kumar Gupta. The crux of her statement reveals that her marriage was solemnized before one and a half month of the occurrence with Dharmendra Paswan (appellant/convict), son of Shiv Kumar Paswan, resident of vi
Dying declarations can be the basis for conviction if they are found to be truthful and voluntary; however, they must be carefully scrutinized, especially in the absence of corroborative evidence.
The credibility of a dying declaration is not affected by the percentage and degree of burns suffered by the deceased, and the only considerations are the voluntariness and fitness of the declarant's....
: Conviction can be recorded solely on the basis of dying declaration and there is no need of corroborative evidence provided dying declaration is voluntary.
The central legal point established in the judgment is the importance of corroborative evidence and ensuring the declarant's fit state of mind in determining the reliability of a dying declaration.
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
Dying declarations can serve as sole basis for conviction if deemed reliable, conscious, and voluntary.
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