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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, SANJAY KUMAR JAISWAL
Sankra Yadav, S/o. Ganesh Yadav – Appellant
Versus
State of Chhattisgarh, through P.S. Chakradharnagar, Raigarh (Chhattisgarh) – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
(1) Invoking criminal appellate jurisdiction of this Court, the sole appellant herein has preferred this criminal appeal under Section 374(2) of Cr.P.C., calling in question the legality, validity and correctness of the impugned judgment of conviction and order of sentence dated 24.05.2017, passed in Session Trial No.05/2017 (State of Chhattisgarh v. Sankra Yadav) by the 5th Addl. Sessions Judge, Raigarh (CG), whereby he has been convicted for offence under Section 302 of IPC and sentenced to undergo imprisonment for life with fine of Rs.1,000/- and, in default of payment of fine, sentenced to undergo additional rigorous imprisonment for 06 months.
(2) The case of the prosecution, in short, is that on 17.07.2016, at about 4-5 PM, in the house of the appellant, situated at Village Aamapal, which comes within the ambit of Police Station Chakradharnagar, District Raigarh (Chhattisgarh), the accused- appellant herein firstly demanded money from his wife, namely, Samrin Bai (hereinafter referred to as the “deceased”) and when she refused to give money, the appellant poured kerosene oil over her body and set her ablaze by lighting matchstick and, due to whic
Court emphasized that a magistrate's dying declaration carries significant weight over oral declarations, affecting conviction in murder cases.
(1) Merely because there are two/multiple dying declarations, all dying declarations are not to be rejected.(2) There is neither a rule of law nor of prudence to the effect that a dying declaration c....
The dying declaration of the deceased, supported by medical evidence and circumstantial evidence, can be sufficient to establish guilt under Section 302 of IPC.
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 recorded from a surviving individual cannot be treated as substantive evidence for conviction; it may only be used to corroborate testimony.
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