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HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Ramesh Sinha, CJ, Shri Justice Ravindra Kumar Agrawal, J
Rajkumar Banjare S/o Shankar Banjare – Appellant
Versus
State Of Chhattisgarh – Respondent
Judgment :
(Ravindra Kumar Agrawal, J.)
1. Present appeal under Section 374(2) of the CrPC, 1973 is filed by the appellant against the impugned judgment of conviction and order of sentence dated 31.12.2020, passed by the learned Sessions Judge, Mahasamund, in Sessions Case No.33 of 2017, whereby the appellant has been convicted for the offence under Section 302 of the IPC , and sentenced R.I. for life with fine of Rs.1,000/-, in default of payment of fine, further R.I. for six months.
2. Brief facts of the case are that the deceased- Ombai was married to the appellant since six years back. Out of their wedlock, they were having two children. After some time of the marriage, their relationship started deteriorating, as the appellant used to harass Ombai for demand of money, and asked her to bring money from her parents. The community meeting was convened on various occasions, and on all the occasions, the appellant assured that he would keep his wife in good condition and would not beat her.
On 18.12.2016, the appellant again started beating his wife, and on 19.12.2016, her in-laws had gone to her sister-in-law’s house, and the deceased, along with her husband, were alone in their house
A dying declaration can serve as the sole basis for conviction if it is credible, voluntary, and corroborated by other evidence, despite inconsistencies in earlier statements.
The reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
Dying declarations can constitute sole evidence for conviction if found voluntary and truthful; the burden of proof for alibi rests solely with the appellant.
Dying declarations must be corroborated by additional evidence to ensure reliability; absence of corroboration raises doubts about their truthfulness.
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
Dying declaration – In cases where Court finds that there exist more than one dying declarations, each one of them must be examined with care and caution and only after satisfying itself as to which ....
Dying declarations can be relied upon for conviction if consistent and free from blemishes, even in the absence of further corroborative evidence.
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