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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Dharam Das Chaturvedi, S/o. Late Shri Brij Lal Chaturvedi – Appellant
Versus
Goutam Dhritlahare, S/o. Rajkumar @ Kumar – Respondent
JUDGMENT :
Goutam Bhaduri, J.
Heard.
1. Present appeal is against the judgment dated 13/03/2013 passed by the Second Additional Sessions Judge, Baloda Bazar, District Raipur in Sessions Case No.61/12 whereby the respondent who was charged under Section 302 of IPC was acquitted. Complainant/father of the deceased is in appeal before this Court.
2. Case of the prosecution, in brief, is that the respondent Goutam Dhritlahre was married to the deceased Dulaurin Bai one year back from the date of the incident. The date of the incident was 20/03/2012. The allegation is that by pouring kerosene over the deceased, the respondent set her ablaze whereby she succumbed to the injuries. As per the prosecution, the dying declaration was recorded on the same date on 20/03/2012 by the Naib Tehsildar PW-14 by Ex.P-5. As per the dying declaration, it was stated that the respondent poured kerosene on her over a trivial dispute and set her ablaze. The mother, father and sister of the deceased also corroborated the same as the deceased initially was taken to Government Hospital, Baloda Bazar. Thereafter, she was shifted for better treatment to Medical College at Raipur wherein they interacted and it was st
The court emphasized the necessity for rigorous scrutiny of dying declarations, particularly when inconsistencies exist and the declarant cannot be cross-examined.
The reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
Dying declarations can only support a conviction if consistent and made in a fit mental state; inconsistencies create reasonable doubt.
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
A dying declaration is admissible and can support a conviction if made in a fit state of mind and corroborated by medical evidence.
[A dying declaration can serve as the sole basis for conviction if it is found to be voluntary, coherent, and made in a fit mental state, even in the presence of minor inconsistencies.]
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