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JOYMALYA BAGCHI, RAI CHATTOPADHYAY
Sk. Allauddin @ Alauddin Sk @ Sk. Tara – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Joymalya Bagchi, J.) :
1. Appellant has assailed judgment and order dated 12.12.2018 and 13.12.2018 passed by the learned Additional Sessions Judge, Bolpur in Sessions Trial no. 4 (November) of 2017 arising out of Sessions Case no. 81 of 2017 convicting the appellant for commission of offence punishable under section 302 IPC and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/-in default to suffer further imprisonment of one year.
Genesis of the case:-
2. Profile of the prosecution case discloses the unfortunate death of the homemaker Hena Bibi at her matrimonial home. On 20.5.2017 appellant poured kerosene oil on Hena and set her on fire. She suffered severe burn injuries. Local people rushed her to Bolpur SD Hospital in the ambulance of PW14. A telephonic message was received at the local police station that one Hena Khatoon had been admitted with severe burn injuries and her dying declaration was to be recorded. PW10 ASI Anukul Mal who was on mobile duty, on instructions from I/C, Bolpur Police Station reached the hospital. Dalim Sarkar (PW2), another police officer also went to the hospital. Dr. Atreyi Chatterjee (PW8) recorded h
A dying declaration can be the sole basis of conviction if it is found to be true and voluntary, and if the court is satisfied that the statement is reliable and not the result of tutoring, prompting....
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 only support a conviction if consistent and made in a fit mental state; inconsistencies create reasonable doubt.
[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.]
The admissibility and reliability of dying declarations, emphasizing the need for voluntariness, truthfulness, and fitness of the declarant to make the statement.
The central legal point established in the judgment is the reliance on dying declarations as admissible and reliable evidence, guided by the principles of voluntariness, trustworthiness, and the need....
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