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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, C.J., BIBHU DATTA GURU
Bhemeshvar @ Ravi S/o Shri Ashok Kumar Binjhhekar – Appellant
Versus
State Of Chhattisgarh Through Police Station Balod – Respondent
JUDGMENT :
Ramesh Sinha, C.J.
1.This criminal appeal is directed against the judgment of conviction and order of sentence dated 09.06.2022 passed by the the learned 1st Additional Sessions Judge, Balod, District Balod, in Sessions Trial No. 36/2019, 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 1 month.
2. The application for suspension of sentence and grant of bail of the appellant was rejected by this Court way back on 20.07.2023, and today the matter is listed for further orders, however, with the consent of learned counsel appearing for the parties, the matter is being heard finally.
3. The appellant/convict was charged for the offence under Section 302 of the IPC alleging that on 24.04.2019 at about 11-12.00 in the night, at village Barahi under the jurisdiction of Police Station Balod, District- Balod, he intentionally poured kerosene on his wife Laxmibai (hereinafter referred to as ‘the deceased’) and set her on fire, due to which she d
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.
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.
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 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.
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.
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
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