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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, ARVIND KUMAR VERMA
Parvati Panika, W/o. Shailendra Panika – Appellant
Versus
State Of Chhattisgarh, Through Police Station – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. This criminal appeal under Section 374(2) of CrPC has been preferred by the appellant against impugned judgment of conviction and order of sentence dated 29/06/2019 passed by learned 2nd Additional Sessions Judge, Manendragarh, District Koria in Sessions Case No. 105/2017 whereby the appellant has been convicted for offence punishable under Section 302 (two times) and 309 of IPC and sentenced to undergo life imprisonment with fine of Rs. 1,000/- and in default of payment of fine, additional R.I. for three months and to undergo S.I. for 3 months, respectively, with a direction to run both the sentences concurrently.
2. Case of the prosecution, in brief, is that on 11/05/2017 at about 12:30 PM at Village Shivtola within the ambit of Police Station Janakpur, the appellant herein, knowing fully well that jumping into the well would inevitably lead to death, after tying her two minor sons namely Bharat, aged about 4 years, and Shatrughan, aged about 4 months, from her waist, jumped into the well which led to the death of both of her sons and also attempted to commit suicide and thereby, committed the aforesaid offence.
3. Further case of the prosecution i
A dying declaration recorded from a surviving individual cannot be treated as substantive evidence for conviction; it may only be used to corroborate testimony.
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.
Court emphasized that a magistrate's dying declaration carries significant weight over oral declarations, affecting conviction in murder cases.
The voluntary and truthful nature of dying declaration and the competency of a child witness to depose are crucial in establishing guilt and determining the appropriate criminal offense.
The prosecution failed to prove the appellant's guilt beyond reasonable doubt, leading to the acquittal based on unreliable evidence and inconsistencies in testimonies.
Dying declarations must be substantiated by medical fitness certifications and corroborating witness accounts; failure to do so undermines their reliability leading to altered convictions.
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