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ASHUTOSH KUMAR, JITENDRA KUMAR
Mahesh Pandit – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J. – We have heard Mr. Rama Kant Sharma, the learned Senior Advocate for the two appellants who are father and son amongst themselves and are the husband and father-in-law of the deceased/ Lalita Devi who is said to have died of burn injuries after being treated for four days at Arwal Hospital in the district of Arwal and thereafter at PMCH, Patna. The State has been represented by Mr. Binod Bihari Singh, learned APP.
2. Both the appellants have been convicted under Sections 498-A and 302/34 of the Indian Penal Code vide judgment dated 04.11.2016 passed by learned 2nd Additional Sessions Judge, Jehanabad and by order dated 05.11.2016, they have been sentenced to undergo RI for two years, to pay a fine of Rs. 5,000/- and in default of payment of fine to further suffer RI for three months for the offence under Section 498-A of the IPC and imprisonment for life, to pay a fine of Rs. 10,000/- and in default of payment of fine to further suffer RI for six months for the offence under Section 302/34 of the IPC.
3. Both the sentences have been ordered to run concurrently.
4. The deceased died of burn injuries which stands proved by the postmortem report (Exhibit-2) which clea
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 importance of corroborative evidence and ensuring the declarant's fit state of mind in determining the reliability of a dying declaration.
: Conviction can be recorded solely on the basis of dying declaration and there is no need of corroborative evidence provided dying declaration is voluntary.
A dying declaration must be voluntary and reliable; inconsistencies and external pressure can render it inadmissible, leading to acquittal if no corroborative evidence exists.
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
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