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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Courts on Its Own Motion – Appellant
Versus
Sk. Chhoku Mia – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. The appeal is directed against the judgment of conviction and order of sentence dated December 22, 2016 passed by the learned Sessions Judge, Hooghly in Sessions Trial No. 15 of 2016 arising out of Sessions Case No. 91 of 2016.
2. By the impugned judgment of conviction, learned Trial Judge convicted the appellants under Sections 448/323/304 of the Indian Penal Code, 1860. By the impugned order of sentence, the learned Trial Judge awarded rigorous imprisonment for a term of one year with a fine of Rs.1,000/-each and in default imprisonment for a term of one month each for the offence under Section 323 of the Indian Penal Code, 1860, rigorous imprisonment for a term of ten years with a fine of Rs.5000/-each and in default imprisonment for a term of three months for the offence under Section 304 of the Indian Penal Code, 1860 and rigorous imprisonment for a term of one year with a fine of Rs.1000/-each and in default further imprisonment for a term of one month for the offence under Section 448 of the Indian Penal Code, 1860. All the sentences were directed to run concurrently. Imprisonment for non-payment of fine was directed to run separately.
3. Police
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....
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.
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.
In cases of doubt, the proposition in favor of the accused should be accepted, and the accused should be given the benefit of the doubt.
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 judgment establishes that multiple inconsistent dying declarations cannot serve as a reliable basis for conviction in a murder case, emphasizing the need for corroborative evidence.
Dying declarations can constitute sole evidence for conviction if found voluntary and truthful; the burden of proof for alibi rests solely with the appellant.
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