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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, RAI CHATTOPADHYAY
Kader Mia – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rajasekhar Mantha, J.
1. The subject appeal is directed against the judgment of conviction dated October 8, 2015 and the order of sentence dated October 9, 2015 respectively, passed by the Additional Sessions Judge, Dinhata, in Sessions Trial No. 12(01)/2015 arising out of Sessions Case No. 30(D)/2014. The appellant was convicted for the offence under section 302 of Indian Penal Code and was sentenced to life imprisonment and to pay a fine of Rs 2,000. In default thereof, to suffer a simple imprisonment for 2 months.
THE PROSECUTION CASE AND THE EVIDENCE ON RECORD
1. PW 1 was the father of the victim. He lodged the complaint dated September 1, 2011, with Dinhata PS, Cooch Behar. The complaint was scribed by PW 8. PW 1 stated that in 2007 his daughter got married to the appellant. At the time of marriage, he paid Rs 18,000 and other gift items to the appellant and in-laws of the victim.
2. PW 1 stated in the said complaint that from inception of the marriage, the appellant and family tortured the victim upon failure of the latter to bring a further sum of Rs 10, 000 from her paternal home. In 2009, a girl child was born from the wedlock of the appellant and victim. PW 1 stated
Dying declarations must be corroborated by reliable evidence; significant contradictions in witness testimonies undermine their credibility, impacting the validity of the conviction.
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....
In cases of doubt, the proposition in favor of the accused should be accepted, and the accused should be given the benefit of the doubt.
Dying declarations can be the sole basis for conviction if credible, but inconsistencies and the circumstances of their recording can undermine their reliability.
A dying declaration can be the sole basis of conviction if it is found to be true and voluntary, and if the court is satisfied that the statement is reliable and not the result of tutoring, prompting....
A dying declaration can support a murder conviction if recorded properly and inspires confidence, irrespective of corroboration, considering the surrounding circumstances.
The court reiterated the principles laid down in Mehiboobsab Abbasabi Nadaf (2007) and Puran Chand (2010) regarding the evaluation of dying declarations. The court held that dying declarations must b....
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