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BIREN VAISHNAV, MAULIK J. SHELAT
State Of Gujarat – Appellant
Versus
Lakhubhai Murabhai – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
1 This appeal has been filed by the appellant – State under Sec.378(1)(3) of the Criminal Procedure Code, 1973 (hereinafter referred to as “the Code”), against the judgement and order of acquittal passed by the learned Additional Sessions Judge (Fast Track Court), Jamnagar, in Sessions Case No. 106 of 1994 on 01.08.2003, whereby the learned Fast Track Court has acquitted the respondent – accused for the offences punishable under Secs. 498-A and 302 r/w. 114 of the Indian Penal Code.
2. The prosecution case in brief is as under:
2.1 That, on 20.04.1993 at about 1:00 a.m., the complainant was at his home situated in village Lakhabaval. At that time, one Mulabhai Hada and Harjibhai Sidi of Sikka and Amu Jiva of the village of the complainant came to him by taxi and told him that his sister had received burn injuries and also told the complainant to come to Irvin Hospital, upon which, the complainant along with his mother and sister went to Irvin Hospital. When asked by the family of the deceased as to how she received the burn injuries, the deceased gave no answer and was shouting loudly on account of severe pain and suffering.
2.2 The case of the prosecution
The presumption of innocence strengthens upon acquittal, and an appellate court must find substantial evidence of illegality or perversity to overturn such a decision.
The reliability and consistency of dying declarations and the need for corroborative evidence to establish crucial elements of the crime.
The reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
(1) If view taken by two courts is a reasonably possible view, Apex Court would be reluctant to interfere with a concurrent order of acquittal.(2) Dying declaration alone can also form basis for conv....
Dying declarations can constitute sole evidence for conviction if found voluntary and truthful; the burden of proof for alibi rests solely with the appellant.
The reliability of dying declarations, the importance of consistency in witness statements, and the principle that if two reasonable conclusions are possible based on the evidence, the appellate cour....
The central legal point established in the judgment is the importance of independently assessing the evidentiary value of multiple dying declarations and considering corroborating evidence, the condi....
Point of Law : Section 3 of the Indian Evidence Act, 1872, wherein the word "Proved" is defined --A fact is said to be proved when, after considering the matters before it, the Court either believes ....
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