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A. Y. KOGJE, M. R. MENGDEY
PINKAL @ PINTOO S/O SURESHBHAI RAMJIBHAI CHRISTIAN – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. The present appeal is preferred by the appellant-convict against the judgment and order of conviction dated 30.04.2016 passed in Sessions Case No. 242 of 2014 by the Additional Sessions Judge, Court No. 24, City Sessions Court, Ahmedabad.
2. By the impugned judgment and order of the conviction, the appellant-convict is convicted for the offence punishable under Section 302 and 506(1) of the Indian Penal Code (hereinafter referred to as the “IPC”) and is sentenced to undergo life imprisonment.
3. Learned advocate for the appellant submitted that the Sessions Court has committed an error in not tak into consideration the vardhy received by Khokhra Police Station from L.G. Hospital which came to be registered by P.S.O. informing that the deceased-Sunitaben has committed a suicide and is admitted burns ward of L.G. Hospital.
3.1 It is submitted that as the prosecution was launch on the basis of information of suicide, the appellant-convict cannot be convicted for the offence under Section 302 of the IPC.
3.2 It is submitted that the appellant was only living with the deceased-Sunitaben and her husband-Gatubhai Dhanjibhai Chauhan, who has not been at all investiga
The dying declaration recorded by the Executive Magistrate was found to be reliable and sufficient to support the conviction under IPC Sections 302 and 506(1).
Dying declaration – In cases where dying declaration is suspicious, it is not safe to convict accused in absence of corroborative evidence.
Dying declaration can be sole basis of conviction if it inspires full confidence of court.
The reliability and evidentiary value of dying declarations, and the application of settled legal principles in determining their credibility.
A Dying Declaration can serve as the sole basis for conviction if it is credible and made in a fit state of mind, but intent to kill must be clearly established.
Dying declarations can serve as the sole basis for conviction if they are credible and trustworthy, even without corroboration.
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