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IN THE HIGH COURT AT CALCUTTA
RAJARSHI BHARADWAJ, APURBA SINHA RAY
Avijit Chatterjee @ Abhijit Chatterjee @ Ramu – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Apurba Sinha Ray, J.
1. The instant appeal has been preferred by the appellant against the judgment and order dated 31.07.2017 passed by the Learned Additional Sessions Judge, FTC-I, Sealdah, South 24 Parganas in Sessions Trial No. 1(1)2014 arising out of Sessions Case No. 5(7) of 2013 under Sections 302/34 of I.P.C on the grounds, inter alia, that the Learned Trial Judge did not consider the evidences of the prosecution witnesses in its proper perspective and/or has failed to take into account the evidence of the vital witnesses before convicting the appellant under Sections 302/34 of I.P.C.
2. The learned counsel Mr. Mitter has submitted that conviction of the appellant was pronounced only on the basis of a dying declaration of the deceased. In fact that is the only evidence in support of the prosecution case. However, there are certain essential rules to accept a dying declaration as a coherent statement of the victim. First, whether such a dying declaration was made voluntarily. Secondly, the declarant was conscious and mentally alert to give a coherent dying declaration. The declarant must be aware that he is about to die. Moreover, the statement must be consistent wi
Dying declarations can be relied upon for conviction if consistent and free from blemishes, even in the absence of further corroborative evidence.
[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.]
Dying declarations must be corroborated by additional evidence to ensure reliability; absence of corroboration raises doubts about their truthfulness.
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 ....
The reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
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