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RAMESH SINHA, RAVINDRA KUMAR AGRAWAL
Ajay Verma S/o Ganesh Verma – Appellant
Versus
State of Chhattisgarh, through the Station House Officer, Police Station Suhela – Respondent
JUDGMENT :
Ramesh Sinha, CJ.
1. Since the above-captioned appeals arise out of a common factual matrix and impugned judgment, this Court is disposing of both the appeals by a common judgment.
2. These criminal appeals preferred under Section 374(2) of the CrPC are directed against the impugned judgment of conviction and order of sentence dated 25.08.2023 passed by the learned Additional Sessions Judge, Bhatapara, District – Balodabazar-Bhatapara (C.G.), whereby the appellant - Ajay Verma has been convicted under Sections 302 and 201/34 of the IPC and sentenced for life imprisonment & fine of Rs.1,000/-, in default of payment of fine, to further undergo R.I for 6 months and R.I. for 3 years & fine of Rs.500/-, in default of payment of fine, to further undergo R.I. for 1 month, whereas the appellant - Amanchand Routiya has been convicted under Sections 201/34 of the IPC and sentenced to undergo R.I. for 3 years & fine of Rs.500/-, in default of payment of fine, to further undergo R.I. for 1 month.
3. Case of the prosecution, in brief, is that the complainant Meghnath Yadav (PW-1) lodged a report in Police Station Suhela, alleging therein that Kumari Ganga Yadav (deceased), the daughter o
The court upheld the convictions based on the reliability of the dying declaration and corroborative evidence, affirming the principles governing the admissibility of such declarations.
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
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.
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.
A dying declaration can only serve as a basis for conviction if it is proven to be reliable and made in a fit mental state; otherwise, it cannot sustain a conviction.
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
A dying declaration is only valid if the victim was in a fit mental state to give it, which wasn't established; thus, conviction based solely on it is unsafe.
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.
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