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RAMESH SINHA, RAVINDRA KUMAR AGRAWAL
Narayan Sahu, S/o Jiwan Sahu – Appellant
Versus
State of Chhattisgarh (C. G. ) – Respondent
JUDGMENT :
RAMESH SINHA, J.
Heard Mr. A.N. Pandey, learned counsel for the appellant. Also heard Mr. Jitendra Pali, learned Deputy Advocate General, appearing for the respondent/State.
2. This criminal appeal preferred under Section 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 06.04.2022 passed by the learned 1st Additional Session Judge, Sakti, District Janjgir-Champa (C.G.) in Session Trial No. 30 of 2019 by which the appellant has been convicted for offence under Section 302 of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for life and to pay fine amount of Rs. 1,000/-, in default of payment of fine additional rigorous imprisonment for 06 months.
3. Case of the prosecution, in brief, is that the marriage of deceased, namely, Ramshila was solemnized before 25 years of the date of incident and after marriage, accused/appellant was regularly assaulted to the deceased. After consuming the liquor and on the date of incident i.e. 04.02.2019 about 3.00 p.m. the accused/appellant was assaulted to the deceased and sprinkling petrol on the body of deceased and set fire due to which the deceased receive t
The main legal point established in the judgment is the reliance on circumstantial evidence, including the dying declaration, medical evidence, and witness statements, to establish the guilt of the a....
The dying declaration of the deceased, supported by medical evidence and circumstantial evidence, can be sufficient to establish guilt under Section 302 of IPC.
A dying declaration must be supported by evidence of the declarant's mental fitness; absence of such certification undermines its reliability as a basis for conviction.
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
A dying declaration must be certified by a medical professional regarding the declarant's mental fitness; failure to do so undermines its reliability as evidence in a murder conviction.
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.
Dying declarations can serve as the sole basis for conviction if deemed credible and made in a fit state of mind, as established in this case.
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