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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
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, Mahasamund, C.G. in Sessions Trial No.92/2013, whereby and whereunder, the appellants stand convicted and sentenced as under:-
(All sentences were directed to run concurrently)
3. Case of the prosecution, in brief, is that on 11.06.2013, at about 10:00 p.m., near the FCI Godown, Bagbahara, the accused persons, forming an unlawful assembly with the common object of causing grievous hurt to Avinash Pandey, assaulted him with sticks, inflicting severe injuries which later led to his death. In order to conceal the offence, the accused persons allegedly lodged false information at Police Station Bagbahara, claiming that Avinash had met with a road accident. It is alleged that, on the date of the incident, Avinash Pandey
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....
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