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IN THE HIGH COURT AT CALCUTTA
RAJARSHI BHARADWAJ, APURBA SINHA RAY
Nanu @ Narayan Adhikary – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
APURBA SINHA RAY, J.
1. The instant appeal was filed by the appellant against the judgement and order of conviction and sentence dated 20.06.2008/21.6.2008 passed by the Learned Additional Sessions Judge, Fast Track, 3rd Court, Siliguri in Sessions trial No. 04 of 2006 arising out of Sessions Case No. 50 (S) of 1998 whereby the appellant was convicted under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life with fine of Rs. 5000/- in default, simple imprisonment for 5 months.
2. The Learned Counsel Mr. Bhattacharya has submitted on behalf of the Appellant that the Learned Trial Judge did not consider several factual aspects. According to him, the FIR was lodged by the father after two days of the incident without giving an explanation in the FIR. Secondly, the scribe, the elder brother of the appellant, and his wife, the person namely Naren @ Nagen Babu and other in-laws of the victim or the appellant were not examined. Thirdly, there was no investigation from the date of 11.01.1998 to 13.01.1998. No admission register, bedhead ticket have been seized by the I.O. Fourthly, dying declaration was recorded without certifying whether the
The court upheld the conviction based on a credible dying declaration despite arguments concerning procedural flaws and delays in lodging the FIR, emphasizing the importance of the victim's mental al....
A dying declaration is only valid if the victim was in a fit mental state to give it, which wasn't established; thus, conviction based solely on it is unsafe.
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
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.
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 credible and free from infirmities; however, significant discrepancies and doubts regarding its reliability necessitate caution....
The court ruled that a dying declaration must be credible and recorded under proper conditions; discrepancies and lack of corroborative evidence led to the acquittal of the appellant.
The court affirmed that a dying declaration can be sufficient for conviction if it is found to be voluntary and made in a fit state of mind, even without corroboration.
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