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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Mansura Bagum – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. conviction under section 302 ipc (Para 1 , 2) |
| 2. allegations of dowry demand and torture (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. victim's statement and condition at hospitals (Para 9 , 10 , 11) |
| 4. credibility of victim's statements (Para 12 , 13 , 14 , 15) |
| 5. legal precedents regarding dying declarations (Para 16 , 17 , 18 , 19 , 20) |
| 6. evaluation of evidence against the appellant (Para 21 , 22 , 23) |
| 7. dismissal of appeal and confirmation of conviction (Para 24 , 25 , 26 , 27) |
JUDGMENT :
RAJASEKHAR MANTHA, J.
1. The subject appeals are directed against the judgment and order of conviction dated 27th February, 2017 and sentence dated 28th February, 2017 passed by the learned Additional Sessions Judge, Chandannagore in Sessions Trial No. 61/2014 arising out of the Sessions Case No. 41/2014.
2. The appellant in the instant appeal was convicted under Section 302 of the Indian Penal Code.
THE PROSECUTION CASE:
3. The prosecution case in brief is that the victim, who was the daughter-in-law of the appellant, married to her son, Sk. Maidul Islam. Within four months of marriage, the victim is stated to have informed PW-1, Sk. Badruddoza, her father, that her in-laws demanded additional c
The court underscored the reliability of dying declarations corroborated by medical testimony, reinforcing their evidentiary value in homicide convictions.
The dying declaration of the victim was admissible in evidence as it was truthful, voluntary, and not a product of tutoring or prompting.
The court established that inconsistent dying declarations can undermine the prosecution's case, necessitating a careful evaluation of their credibility.
Dying declarations can only support a conviction if consistent and made in a fit mental state; inconsistencies create reasonable doubt.
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.
A dying declaration can suffice for conviction if recorded by an independent medical professional, confirming the declarant's consciousness, regardless of the absence of direct eyewitnesses.
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....
The admissibility and reliability of dying declarations in establishing guilt in criminal cases.
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 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....
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