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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CHEEKATI MANAVENDRANATH ROY, D.M.VYAS
State Of Gujarat – Appellant
Versus
Manojbhai Madhubhai Surti – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)
1. Challenge in this appeal is to the judgment dated 29.10.2012 rendered in Sessions Case No.150 of 2011 on the file of the learned 5th (Ad-hoc) Additional Sessions Judge, Surat, whereby the sole accused, who is respondent no.1 herein was acquitted of the charge under Sections 302 and 504 of the INDIAN PENAL CODE , 1860 (for short “the IPC”)
2. Facts of the prosecution case lie in a narrow compass and may be stated as follows:-
2.1 The deceased by name Chandrikaben Manojbhai Maadhubhai Surti (hereinafter referred as “the deceased”) is the legally wedded wife of the accused. They got a son and a daughter during their lawful wedlock. The accused has got a doubt on the character of the deceased and he has been suspecting her fidelity. The accused has been suffering from a partial paralysis, therefore, on the fateful day i.e. on 26.06.2011 afternoon, the accused along with his minor daughter went to purchase medicines for him. They returned home at about 1:15 p.m. in the afternoon on that day. After his return, a quarrel took place between the accused and his wife in his house as he got doubt over her character. During t
Dying declarations can serve as the sole basis for conviction if found trustworthy; the accused must explain circumstances leading to the victim's death.
A dying declaration can serve as the sole basis for conviction and does not require corroboration or a doctor's certification of the declarant's mental state if it inspires confidence in the court.
A dying declaration, if made in a fit mental state and corroborated by witnesses, can be sufficient for conviction without the need for further corroboration, emphasizing the sanctity of such stateme....
Courts may rely on dying declarations for conviction if they are consistent and reliable; contradictions undermine their credibility, leading to acquittal.
Dying declarations can serve as the sole basis for conviction if they are proven to be reliable, but lack of corroboration or inconsistencies can lead to acquittal.
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.
The main legal point established in the judgment is the admissibility and evaluation of the dying declaration, the requirement of the doctor's certificate for the fitness of the victim to make a stat....
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