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RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Anowar Hossain – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
AJAY KUMAR GUPTA, J.
1. The appellant has assailed the judgment and order dated 15.04.2016 and 18.04.2016 passed by the Learned Additional Sessions Judge at Dinhata, District - Cooch Behar in Sessions Trial No. 04(05)/2015 arising out of Sessions Case No. 6(D)/2015 thereby convicted the appellant for commission of the offence punishable under Section 302 of the Indian Penal Code, 1860 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/- in default, to suffer simple imprisonment for two months.
2. The prosecution case against the appellant is that Rehena Parvin was married to Anowar Hossain, S/o Dablu Mia as per Shariat law on 3rd Aswin, 1419 B.S. As per demand of the groom’s family, a sum of Rs. 50,000/- in cash, one Pulser motor cycle, gold ornaments, a cot, an almirah, a dressing table and a rack were given as the dowry. After marriage, she went to her in-law’s house and led conjugal life.
3. Her husband allegedly being ill-advised by his parents started torturing her physically and mentally. He demanded that she brings a further sum of Rupees one lakh from her father. Rehena used to report the incident of torture to her father over
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 dying declaration of the victim was admissible in evidence as it was truthful, voluntary, and not a product of tutoring or prompting.
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
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.
Where there are more than one statement in the nature of dying declaration, one first in point of time must be preferred. Of course, if the plurality of dying declaration could be held to be trustwor....
The evidentiary value of a dying declaration is undermined by doubts regarding the deceased's mental state and reliability during its recording, rendering conviction unsafe without corroborative evid....
A dying declaration can serve as the sole basis for conviction if it is credible, voluntary, and corroborated by other evidence, despite inconsistencies in earlier statements.
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