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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Sumitra Bandhe, W/o. Fagwa Ram Bandhe – Appellant
Versus
State of Chhattisgarh, through District Magistrate, Durg, District Durg (C. G. ) – Respondent
JUDGMENT :
[Sanjay K. Agrawal, J.]
1. This criminal appeal preferred by the appellants herein namely Sumitra Bandhe (A-2), Dilip Bandhe (A-3) & Mamta Bandhe (A-4) under Section 374(2) of the CrPC is directed against the impugned judgment dated 27-1-2014 passed by the 1st Additional Sessions Judge, Durg, in Sessions Trial No.186/2012, by which while acquitting accused Faguwaram (A-1), the trial Court has convicted the present accused / appellants – A-2, A-3 & A-4 for offences under Sections 302 read with Section 34 & 498A of the IPC and sentenced them to undergo imprisonment for life & pay a fine of Rs. 1,000/- each, in default, to further undergo additional rigorous imprisonment for one year and rigorous imprisonment for three years & fine of Rs. 500/- each, in default, additional rigorous imprisonment for six months, respectively. Both the sentences were directed to run concurrently.
2. Case of the prosecution, in short, is that marriage of deceased Ramabai was solemnized with appellant No.2 herein Dilip Bandhe (A-3) on 16-5-2005 and out of their wedlock, they were blessed with a bo
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.
The court affirmed that a dying declaration can serve as the sole basis for conviction if it is credible, voluntary, and made in a fit state of mind.
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