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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD.SHABBAR RASHIDI
Lalchand Roy – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
MD. SHABBAR RASHIDI, J.
1. The appeal is directed against judgment and order of conviction dated April 24, 2019 and further sentence dated May 31, 2019 passed by the learned Sessions Judge, Bankura in Sessions Case No. 01 (04) 17.
2. By the impugned judgment, the appellant was convicted of the offence punishable under Section 498A/302 of the IPC. By the impugned order of sentence, the appellant was sentenced to life imprisonment for the offence punishable under Section 302 of the IPC. He was further convicted for simple imprisonment for 2 years for the offence punishable under Section 498A of the IPC with a fine of Rs.5,000/-. In default of payment of fine, to suffer simple imprisonment for a further period of three months. Both of the sentences were directed to run concurrently.
3. At the time of hearing, learned advocate for the appellant submits that there are material contradictions in the testimony of the witnesses examined on behalf of the prosecution. It is also submitted that no independent witness was examined on behalf of the prosecution. Some independent witnesses examined for the prosecution turned hostile.
4. Learned advocate appearing for the appellant also subm
The dying declaration recorded by the police was not reliable as the sole evidence to convict the accused under Section 498(A) IPC. Major contradictions in witness statements raised doubts about the ....
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....
The central legal point established in the judgment is the requirement for a clear and consistent evidentiary basis to establish guilt in criminal cases, emphasizing the need for conclusive evidence ....
The main legal point established in the judgment is the requirement for credible and consistent evidence to prove guilt beyond reasonable doubt in cases of dowry harassment and related offenses.
Dying declarations can constitute sole evidence for conviction if found voluntary and truthful; the burden of proof for alibi rests solely with the appellant.
The court reinforces that a dying declaration can be the sole basis for conviction if deemed truthful, voluntary, and corroborated by reliable evidence.
Judgment of conviction and order of sentence which is suffering from material irregularity based on erroneous appreciation of evidence, cannot be sustained.
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