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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, PRASENJIT BISWAS
Madan Mallick – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Prasenjit Biswas, J.
1. The judgment and order of conviction dated 26th September, 2019 and 27th September, 2019 passed by the learned Additional Sessions Judge, Bishnupur, in connection with Sessions Case No. 5(11)2010, [Sessions Trial No. 1(11)2010] is assailed in this appeal.
2. By passing the impugned judgment, these appellants were found guilty for commission of offence punishable under Section 302 of the Indian Penal Code and they were sentenced to suffer life imprisonment along with a fine of Rs. 5000/- each, in default of payment of fine to further undergo rigorous imprisonment for six months each.
3. Being aggrieved and dissatisfied with the said impugned judgment and order of conviction the present appeal is filed at the behest of the appellants.
4. The instant case was started on the basis of a complaint lodged by the de-facto complainant stating, interalia, that the marriage of his daughter Tumpa Mallick with Ganesh Mallick was solemnized according to Hindu Rites and Customs on 02.03.2005. After marriage his daughter’s father in law namely, Madan Mallick and brother-in-law namely, Tapan Mallick started torturing upon the victim and a ‘salish’ was held on 14.08.20
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.
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 consistent and credible; however, inconsistencies and lack of corroborative evidence can lead to reasonable doubt and acquitt....
A dying declaration can serve as the sole basis for conviction if it is credible and free from infirmities; however, significant discrepancies and doubts regarding its reliability necessitate caution....
Dying declarations can serve as sole basis for conviction if deemed reliable, conscious, and voluntary.
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