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BIBEK CHAUDHURI, ANSHUMAN
Manjan Mahto – Appellant
Versus
State of Bihar – Respondent
Headnote: Read headnote
Dr. Anshuman, J. – Heard learned counsel Mr. Shakil Ahmad Khan, for the appellants assisted by Mr. Upendra Kumar Chaubey, learned Advocate and Mr. S. A. Ahmad, learned A.P.P. for the respondent-State.
2. The present appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘Code’) challenging the Judgment of conviction dated 2nd of March, 2016 and the order of sentence dated 5th March, 2016 passed by the learned 2nd Additional Sessions Judge, West Champaran, Bettiah, in Sessions Trial No. 555 of 2014 arising out of Lauriya P.S. Case No. 05 of 2014 corresponding to G.R. Case No. 139 of 2004 holding the appellants guilty under section 302/34 of the Indian Penal Code and they were convicted and sentenced to undergo rigorous imprisonment for life and fine of Rs.10,000/- each under Section 302/34 of the Indian Penal Code and in default of payment of fine, to undergo further simple imprisonment of six months.
3. The factual matrix of the present case is as under: –
As per the written statement of the informant, Lalan Mahato, his sister, Samtola Devi alia
Dying declarations must be corroborated by reliable evidence; significant contradictions in witness testimonies undermine their credibility, impacting the validity of the conviction.
The court ruled that a dying declaration must be credible and recorded under proper conditions; discrepancies and lack of corroborative evidence led to the acquittal of the appellant.
The reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
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....
[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.]
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