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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, BIBHU DATTA GURU
Ramesh Chakradhari, S/o. Jayram Chakradhari – Appellant
Versus
State of Chhattisgarh Through Police of Police Station- Kumhari – Respondent
Judgment :
Ramesh Sinha, CJ.
1. This criminal appeal is directed against the judgment of conviction and order of sentence dated 19.10.2023 passed by the the learned Second Additional Sessions Judge, Durg, District Durg, in Sessions Trial No. 70/2022, whereby the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code (for short, the IPC) and sentenced to undergo rigorous imprisonment for life with fine of Rs. 1,000/- and in default of payment of fine, to undergo further rigorous imprisonment for 3 months.
2 The appellant/convict was charged under Section 302 of the IPC for murdering his wife Lalita Chakradhari (hereinafter referred to as ‘the deceased’) by pouring kerosene on her and setting her on fire with a matchstick on 09.01.2022 at 19.00 hours in his own house situated at Ward No. 9, Shivnagar, Kumhari, under Police Station Kumhari, District Durg.
3 The admitted facts in this case is that the deceased is the wife of the appellant. Pooja Chakradhari (PW-1) is the daughter and Roshan Chakradhari (PW-3) is the son of the deceased and the appellant. Appellant is the brother of Rajesh Chakradhari (PW-2). The appellant is the nephew of Sukalya
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.
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 dying declaration of the deceased, supported by medical evidence and circumstantial evidence, can be sufficient to establish guilt under Section 302 of IPC.
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 is only valid if the victim was in a fit mental state to give it, which wasn't established; thus, conviction based solely on it is unsafe.
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.
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