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VIPUL M. PANCHOLI, RAMESH CHAND MALVIYA
Saurav Sharma @ Saurav Kumar Sharma @ Saurabha Kumar Sharma @ Mukul Sharma – Appellant
Versus
State of Bihar – Respondent
Vipul M. Pancholi, J.—The present appeal has been filed under Section- 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C.’) challenging the judgment of conviction dated 16.08.2017 and order of sentence dated 22.08.2017 passed by learned Sessions Judge, Purnea in Sessions Trial No. 16 of 2017, C.I.S. No. 16 of 2017 (arising out of Banmankhi P.S. Case No. 188 of 2016) whereby the appellants have been convicted for the offences punishable under Sections- 436/34 and 302/34 of I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- (Ten Thousand) each for the offence under Sections-436/34 of the I.P.C. and they have further been sentenced to undergo Imprisonment for life and to pay a fine of Rs. 10,000/- each for the offence under Sections- 302/34 of the I.P.C. and, in default of payment of both fine, the convicts will have further to undergo further S.I. for 6 months. Both the sentences have been directed to run concurrently.
2. Heard Mr. Ajay Kumar Thakur, learned counsel, assisted by Mr. Ritwik Thakur, Mrs. Vaishnavi Singh and Ms. Kiran Kumari for the appellants, Mr. Ramakant Sharma, learned Senior Counsel for the informant
[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 court established that a dying declaration, when properly recorded and corroborated, is admissible and sufficient for conviction, despite procedural concerns regarding its recording.
The reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
Dying declarations can serve as the sole basis for conviction if deemed credible and voluntary, without requiring corroboration.
(1) Merely because there are two/multiple dying declarations, all dying declarations are not to be rejected.(2) There is neither a rule of law nor of prudence to the effect that a dying declaration c....
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
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