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IN THE HIGH COURT OF JUDICATURE AT PATNA
Ramesh Chand Malviya
Rishikesh Singh Son Of Rampyar Singh – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
Ramesh Chand Malviya, J.
Heard Mr. Baxi S.R.P. Sinha learned Senior counsel for the appellant assisted by Mr. Lokesh Kumar Singh, Mr. Raghav Prasad, learned counsel for the informant and Mr. S.N. Prasad learned APP for the State.
2. The present appeal has been filed under Section 374 (2) of Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C’) challenging the judgment of conviction dated 06.07.2013 and order of sentence dated 09.07.2013 passed in Sessions Trial No. 142 of 2009 in connection with Asanwa P.S. Case No. 19 of 2008 passed by learned Ad-hoc Additional District and Sessions Judge-III, Siwan whereby and where-under the appellant no.1 has been convicted for the offence under Sections 304 part II of the Indian Penal Code (hereinafter referred as ‘IPC’) and sentenced to undergo rigorous imprisonment for 7 years and fine for Rs. 10,000 and in default of payment of fine further sentenced to undergo six months imprisonment. Further, appellant no. 2 has been convicted for the offence under Sections 304 part II read with 34 of the IPC and sentenced to undergo rigorous imprisonment for 7 years and fine for Rs. 10,000 and in default of payment of fine further s
A dying declaration can alone substantiate conviction if it instills confidence and is corroborated by credible evidences.
The reliability of an eyewitness is paramount, and without corroboration, their testimony cannot solely sustain a conviction in criminal jurisprudence.
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
Dying declarations can alone sustain a conviction if deemed reliable and made in a fit state of mind, without corroborative evidence being strictly necessary.
A dying declaration can be oral or in writing and in any adequate method of communication whether by words or by signs or otherwise will suffice provided indication is positive and definite.
A dying declaration can serve as the sole basis for conviction if it is credible and corroborated, emphasizing its legal admissibility in murder cases.
The dying declaration of the deceased was found to be trustworthy and reliable, leading to the appellants' conviction under Sec. 302 read with Sec. 34 of the Indian Penal Code.
The court relied on oral and documentary evidence to establish the guilt of the accused under Section 302 IPC.
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