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CHITTA RANJAN DASH, PARTHA SARATHI SEN
Sk. Aftab Hossain – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Partha Sarathi Sen, J.
1. The instant appeal arises out of the judgement dated 27.09.2004 and the order of sentence dated 28.09.2004 as passed by the learned Additional Sessions Judge, Fast Track, 2nd Court Midnapore, in Session Trial No. XXIII of August 2001 whereby and whereunder the said trial court in the said case found the accused persons guilty for committing offence under Sections 498A/302/34 IPC and thus sentenced each of them to suffer RI for 3 years and to pay fine of Rs.1000/-i.d to suffer for six months for the offence committed by them under Section 498A IPC and also to suffer RI for life and to pay a fine of Rs.5000/-i.d to suffer RI of one year for the offence committed by them under Section 302 IPC with a further direction that all the substantive sentences of imprisonment would run concurrently . The convicts felt aggrieved and thus preferred the instant appeal. It is however pertinent to mention herein that during the pendency of the instant appeal, the present appellant no.3 Mst. Ashma Khatun @ Asheme Khatun has expired on 27.12.2019 and as such the ins
The main legal point established in the judgment is the admissibility and reliability of dying declarations, emphasizing the need for voluntariness, truthfulness, and corroboration, and the importanc....
The court reiterated the principles governing the admissibility and evidentiary value of dying declarations, emphasizing the need for careful scrutiny to ensure their genuineness and reliability.
Dying declarations may serve as the sole basis for conviction if deemed voluntary, consistent, and credible; inconsistencies must be assessed in light of surrounding facts.
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....
Dying declarations can be the sole basis for conviction if found to be voluntary and credible, regardless of minor inconsistencies.
Dying declaration – In cases where Court finds that there exist more than one dying declarations, each one of them must be examined with care and caution and only after satisfying itself as to which ....
Weight and utility of a dying declaration depend upon surrounding circumstances and credibility which court attaches to it, having regard to evidence led before it.
Dying declarations can serve as the sole basis for conviction if they are consistent and credible; however, inconsistencies and lack of corroborative evidence can lead to reasonable doubt and acquitt....
Dying declarations can be the sole basis for conviction if credible, but inconsistencies and the circumstances of their recording can undermine their reliability.
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