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A. Y. KOGJE, SAMIR J. DAVE
State Of Gujarat – Appellant
Versus
Mahobatsinh Narendrasinh Jadeja – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present appeal is preferred by the State against the judgment and order of acquittal dated 12.12.2001 passed by the Additional Sessions Judge, Jamnagar in Session case No.11 of 2000. By the impugned judgment and order, the Sessions Court acquitted the respondents-accused for the offences under Sections 498(A), 323, 306 304(B) and 114 of Indian Penal Code and Sections 3 and 4 of The Dowry Prohibition Act.
2. It is the case arising out of an incident by which the informant herself, viz. Prasannaba (since deceased), who is wife of accused No.1 and daughter-in-law of accused No.2 resident of Jamnagar was time and again being harassed by the respondents-accused for the dowry and due to continuous harassment, she herself set on fire by poring kerosene on 09.10.1999. She was taken to Irvin Hospital on, where she gave dying declaration before the Executive Magistrate. Ultimately, she succumbed to her injuries and died on 10.10.1999. In this connection, FIR came to be registered with Jamnagar “B” Division Police Station.
3. Learned APP submitted that it is a case of dying declaration, where deceased was in conscious state of mind and g
The prosecution must prove its case beyond reasonable doubt, and inconsistencies in dying declarations can lead to acquittal.
The prosecution must prove guilt beyond reasonable doubt, and acquittals should not be interfered with unless found to be perverse or unsupported by evidence.
The prosecution must prove guilt beyond reasonable doubt, and inconsistencies in dying declarations can lead to acquittal.
It is settled principle of criminal justice system that if a perpetrator of crime is sat free, in that case, the concept of deterrent theory may not work and there might be adverse effect upon the so....
The appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for credible evidence, particularly regarding dying declarations.
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
witnesses of both the sides (prosecution and the defence) sail on the same boat both have to be given same treatment at par to appraise on the touchstone of credibility and truthfulness which has not....
Dying declarations must be substantiated by medical fitness certifications and corroborating witness accounts; failure to do so undermines their reliability leading to altered convictions.
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