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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, HEMANT M. PRACHCHHAK
Rasulbhai Tejiyabhai Mandod – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. incident leading to appeal (Para 1 , 2) |
| 2. dying declaration recorded (Para 3 , 4 , 5) |
| 3. defense arguments against conviction (Para 6) |
| 4. prosecution's rebuttal (Para 7) |
| 5. assessment of evidence (Para 8 , 9 , 10 , 11 , 12) |
| 6. court's reasoning on dying declarations (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 7. outcome of the appeal (Para 19) |
JUDGMENT :
1. This criminal appeal preferred by the sole appellant-accused herein under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred to as “the Cr.P.C.” for short) is directed against the judgment of conviction and order of sentence dated 09.03.2016 passed by the learned 3rd Additional Sessions Judge, Dahod in Sessions Case No.199 of 2013, by which the appellant has been convicted under Section 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs.5000/- in default of payment of fine, to further undergo additional imprisonment for 3 months. The appellant-accused is also convicted under Section 436 of IPC and sentenced to undergo 2 years imprisonment and fine amount Rs.2000/-, in default of payment of fine, to further undergo imprisonment for 2 months. The court has directed that the se
Dying declarations can serve as the sole basis for conviction if deemed credible and voluntary, without requiring corroboration.
(1) Merely because there are two/multiple dying declarations, all dying declarations are not to be rejected.(2) There is neither a rule of law nor of prudence to the effect that a dying declaration c....
The court ruled that the act constituted culpable homicide not amounting to murder due to the absence of intent to kill, establishing liability under Section 304 IPC.
Dying declarations must be consistent and reliable, as they can form the sole basis for conviction only if they inspire full confidence and are free from inconsistencies.
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 court ruled that the appellant's actions constituted culpable homicide under Section 304 Part-II IPC rather than murder under Section 302, due to lack of intent to kill.
Dying declarations may serve as the sole basis for conviction if deemed voluntary, consistent, and credible; inconsistencies must be assessed in light of surrounding facts.
Where there are more than one statement in the nature of dying declaration, one first in point of time must be preferred. Of course, if the plurality of dying declaration could be held to be trustwor....
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