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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Pinky Khatoon @ Begum – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Debangsu Basak, J. - The appellant has assailed the judgement of conviction dated July 15, 2022 and the order of sentence dated July 18, 2022 passed by the learned Additional Sessions Judge, 3rd Court, South 24 Parganas, Alipore in Sessions Trial No. 5 (8) 2014 arising out of Sessions Case No. 9 (6) 2014.
2. By the impugned judgement of conviction and the order of sentence, the learned judge has convicted the appellant under Section 302 of the Indian Penal Code, 1860 and sentenced the appellant to suffer imprisonment for life and a fine of Rs. 10,000 in default of rigorous imprisonment for 6 months.
3. At the trial, the persecution had contended that, the appellant on July 31, 2010 at about 12:30 hours at premises no. 61, Alif Nagar, Kolkata - 700024 intentionally caused the death of the victim by setting her on fire. The trial Court had framed charges against the appellant on August 30, 2014 under Section 302 of the Indian Penal Code, 1860.
4. Learned advocate appearing for the appellant has contended that, the records of the case disclosed that there were 3 dying declarations of which 2 had been written down. He has referred to Exhibits 2 and 4 which according to him alleged
The court reiterated the principles laid down in Mehiboobsab Abbasabi Nadaf (2007) and Puran Chand (2010) regarding the evaluation of dying declarations. The court held that dying declarations must b....
The admissibility and reliability of dying declarations, emphasizing the need for voluntariness, truthfulness, and fitness of the declarant to make the statement.
The dying declaration of the victim was admissible in evidence as it was truthful, voluntary, and not a product of tutoring or prompting.
Dying declarations can serve as the sole basis for conviction if they are proven to be reliable, but lack of corroboration or inconsistencies can lead to acquittal.
A dying declaration can serve as the sole basis for conviction if it meets the criteria of truthfulness, voluntariness, and absence of suspicion, as established by the Indian Evidence Act and relevan....
The reliability and consistency of dying declarations, along with the admissibility of medical evidence and the prosecution's obligation to produce evidence, were central to the court's decision.
Dying declarations can be the basis for conviction if they are found to be truthful and voluntary; however, they must be carefully scrutinized, especially in the absence of corroborative evidence.
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.
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