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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Ramesh Sinha, CJ, Shri Ravindra Kumar Agrawal, J
Arjun Singh Rajput, S/o Baijnath Singh – Appellant
Versus
State of Chhattisgarh Through Station House Officer of Police Station - Ajak, Surajpur, District Surajpur, Chhattisgarh – Respondent
Judgment :
(Ramesh Sinha, CJ.)
1. This criminal appeal is directed against the judgment of conviction and order of sentence dated 11.12.2020 passed by the Special Judge (S.C./S.T. Act), Surajpur, District Surajpur (C.G.) in Sessions Trial No.42 of 2018, whereby learned Special Judge has convicted and sentenced the appellant as follows:-
| Conviction | Sentence | |
| Under Section 449 of Indian Penal Code, 1860 | : | Rigorous imprisonment for 10 years and fine of Rs.500/-, in default of payment of fine, additional rigorous imprisonment for 1 month |
| Under Section 436 of Indian Penal Code, 1860 | : | Rigorous imprisonment for 10 years and fine of Rs.500/-, in default of payment of fine, additional rigorous imprisonment for 1 month |
| Under Section 302 of Indian Penal Code, 1860 | : | Life imprisonment and fine of Rs.500/-, in default of payment of fine, additional rigorous imprisonment for 1 month |
| Under Section 307 of Indian Penal Code, 1860 (2 times) | : | Rigorous imprisonment for 7 years and fine of Rs.500/-, in default of payment of fine, additional rigorous imprisonment for 1 month |
| Under Section 3(2)(v) of the Scheduled Caste & Schedule Tribe (Prevention of Atrocities) Act, 1989 | : | Life imprisonment and fine of Rs.500/-, in defa |
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.
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 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 supported by evidence of the declarant's mental fitness; absence of such certification undermines its reliability as a basis for conviction.
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 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 admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
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