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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Ganpat Singh, S/o Shiv Mangal Singh – Appellant
Versus
State of Chhattisgarh Through Police Station Jai Nagar – Respondent
JUDGMENT :
Goutam Bhaduri, J.
Heard.
1. This criminal appeal preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure is directed against the impugned judgment dated 07/12/2019 passed by the learned 1st Upper Sessions Judge, Surajpur, District Surajpur, C.G. in Sessions Case No.02/2017, whereby the appellant has been convicted for commission of offence under Section 302 of the IPC and sentenced to undergo R.I. for life and to pay fine of Rs.2000/-, in default of payment of fine amount to undergo additional S.I. for 6 months.
2. The prosecution case in brief, is that on 27/10/2016 the deceased Sankunwar in a burnt state was admitted to the Government District Hospital, Ambikapur in the emergency department and at that time she was talking and conscious. Since the condition of the injured was serious, Dr. P.R. Shivhare (PW-21) referred her to Bilaspur Burn and Plastic Surgery Department. Thereafter, the relative of the injured Sankunwar took her from the District Hospital, Ambikapur to Holy Cross Hospital, Ambikapur, District Surguja on 27/10/2016 at about 12.00 pm but during such treatment at about 2.00 pm she died. The merg was registered and the dead body was
The court emphasized the necessity for rigorous scrutiny of dying declarations, particularly when inconsistencies exist and the declarant cannot be cross-examined.
Dying declarations can constitute sole evidence for conviction if found voluntary and truthful; the burden of proof for alibi rests solely with the appellant.
A dying declaration can serve as the sole basis for conviction if it meets the criteria of truthfulness, voluntariness, and absence of suspicion, as established by the Indian Evidence Act and relevan....
The dying declaration of the deceased, supported by medical evidence and circumstantial evidence, can be sufficient to establish guilt under Section 302 of IPC.
The admissibility and reliability of dying declarations in establishing guilt in criminal cases.
The judgment establishes the importance of dying declarations and the application of appropriate sections of the IPC based on the circumstances and intention of the accused.
Dying declarations can serve as the sole basis for conviction if corroborated by reliable evidence, and the prosecution must prove its case beyond reasonable doubt.
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