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PRATHIBA M. SINGH, AMIT SHARMA
Nowa Bai – Appellant
Versus
State – Respondent
JUDGMENT :
AMIT SHARMA, J.
1. The present appeal under Section 374 of the Code of Criminal Procedure, 1973, (for short, ‘CrPC’) has been filed assailing the judgment of conviction and order on sentence both dated 10.04.2002 passed by Sh. J.R. Aryan, learned Additional Sessions Judge, New Delhi whereby, the Appellants have been convicted in Sessions Case No. 133/95, arising out of FIR No. 60/1995, under Sections 304B/498A/34 of the Indian Penal Code, 1860, (for short, ‘IPC’), registered at Police Station Kalkaji.
2. Vide the impugned judgment of conviction and order on sentence, the Appellants were convicted for the offences punishable under Sections 302/34 of the IPC. The Appellants were sentenced to undergo life imprisonment alongwith a fine of Rs. 500/- each, and in default of payment of fine, to undergo rigorous imprisonment for a period of 1 month.
3. Vide order dated 09.07.2004, passed by Predecessor Bench of this Court in Crl.M.A. 4261/2004, sentence awarded to the Appellant No. 2, Kalabai, was suspended and she was directed to be released on bail on her furnishing personal bond in the sum of Rs. 5,000/- with one surety of like amount. However, she was not able to avail the benef
Dying declarations must be corroborated by additional evidence to ensure reliability; absence of corroboration raises doubts about their truthfulness.
Dying declarations can be relied upon for conviction if consistent and free from blemishes, even in the absence of further corroborative evidence.
A dying declaration can serve as the sole basis for conviction if it is credible, voluntary, and corroborated by other evidence, despite inconsistencies in earlier statements.
Multiple inconsistent dying declarations require independent scrutiny and corroboration; prosecution must prove homicidal death beyond reasonable doubt despite defense lacunae; investigative lapses a....
Dying declarations can serve as the sole basis for conviction if corroborated by reliable evidence, and the prosecution must prove its case beyond reasonable doubt.
Dying declarations can constitute sole evidence for conviction if found voluntary and truthful; the burden of proof for alibi rests solely with the appellant.
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