Back
ASHUTOSH KUMAR, NANI TAGIA
Hemant Paswan, S/o. Late Ram Pravesh Ram Paswan – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Ashutosh Kumar, J.
1. We have heard Mr. N.K. Agrawal, learned Senior Advocate for the appellants and Mr. Satya Narayan Prasad, learned APP for the State.
2. The appellants, who are father-in-law and husband of the deceased respectively, have been convicted under Sections 302, 307, 323 and 498A/34 of the Indian Penal Code, vide judgment dated 25.05.2017 passed by the learned Sessions Judge, Gaya, in Sessions Trial No. 514 of 2016, G.R. No. 1850 of 2015, arising out of Belaganj P.S. Case No. 60 of 2015. By order dated 29.05.2017, they have been sentenced to undergo R.I. for life, to pay a fine of Rs.30,000/- and in default of payment of fine, to further suffer imprisonment for two years for the offence under Section 302 IPC. For the offence under Section 307 of IPC, they have been sentence to undergo R.I. for ten years, to pay a fine of Rs.20,000/- and in default of payment of fine, to further suffer imprisonment for one year. For the charge under Section 323 of IPC, the appellants have been sentenced to undergo imprisonment for one year. For the offence under Section 498A of IPC, the appellants have further been sentenced to undergo R.I. for three years, to pay a fine of Rs.
A dying declaration, while admissible, requires corroboration and must be scrutinized carefully, particularly in cases involving severe criminal charges, to ensure that the prosecution has met its bu....
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....
The reliability and sufficiency of corroborating evidence in a dying declaration, and the impact of non-examination of relevant witnesses on the case
The central legal point established in the judgment is the requirement of conclusive evidence to prove guilt beyond doubt, and the application of the principle of 'benefit of doubt' in criminal cases....
The court established that inconsistent dying declarations can undermine the prosecution's case, necessitating a careful evaluation of their credibility.
A Dying Declaration can serve as the sole basis for conviction if it is credible and made in a fit state of mind, but intent to kill must be clearly established.
[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.]
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
