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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Manish Soni S/o Manindra Rai – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. two appeals heard together from same judgment. (Para 1 , 2) |
| 2. facts of the case regarding the alleged assault and investigation. (Para 3 , 4 , 5 , 6 , 7) |
| 3. appellants argue lack of evidence and claim it was an accident. (Para 8) |
| 4. state supports conviction with claims of strong evidence. (Para 9) |
| 5. court considers central question regarding authorship of crime. (Para 10 , 11) |
| 6. witness credibility and evidence reliability assessed. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 7. doubts raised over eyewitness reliability and dying declarations. (Para 21 , 22) |
| 8. final assessment on prosecution's failure to prove guilt. (Para 31 , 32) |
| 9. conclusion resulting in acquittal of appellants. (Para 34 , 35 , 36) |
JUDGMENT :
AMITENDRA KISHORE PRASAD, J.
1. Since both the above-captioned appeals arise out of the same impugned judgment of conviction and order of sentence, they are being heard together and disposed of by this common judgment.
2. In these appeals filed under Section 374(2) Cr.P.C. the appellants have challenged the legality, validity and propriety of the judgment of conviction and order of sentence dated 22.08.2014 passed by the Additional Sessions Judge, Fast Track Court, Maha
The reliability of an eyewitness is paramount, and without corroboration, their testimony cannot solely sustain a conviction in criminal jurisprudence.
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
A dying declaration can serve as the sole basis for conviction if it is credible and corroborated, emphasizing its legal admissibility in murder cases.
The court relied on oral and documentary evidence to establish the guilt of the accused under Section 302 IPC.
(1) Dying declaration – For a statement to be termed dying declaration, circumstances discussed/disclosed therein must have some proximate relation to actual occurrence – If a dying declaration inspi....
A dying declaration can alone substantiate conviction if it instills confidence and is corroborated by credible evidences.
Dying declarations can alone sustain a conviction if deemed reliable and made in a fit state of mind, without corroborative evidence being strictly necessary.
The need for circumstances to be fully established and consistent only with the hypothesis of the guilt of the accused, and the requirement for corroboration of an oral dying declaration by other ind....
The court emphasized the credibility of dying declarations as substantive evidence, modifying convictions based on the established intent and involvement of the accused in the crime.
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