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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
Headnote: Read headnote
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
Dying declarations must be corroborated by reliable evidence; significant contradictions in witness testimonies undermine their credibility, impacting the validity of the conviction.
[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.]
In case, there are multiple dying declarations and there are inconsistencies between them, generally, the dying declaration recorded by the higher officer like a Magistrate can be relied upon, provid....
The reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
Dying declarations must be consistent and reliable, as they can form the sole basis for conviction only if they inspire full confidence and are free from inconsistencies.
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
The main legal point established in the judgment is the admissibility and reliability of dying declarations, emphasizing the need for voluntariness, truthfulness, and corroboration, and the importanc....
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