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SUMAN SHYAM, MITALI THAKURIA
Md. Hafijur Rahman S/o Md. Sahidul Islam – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SUMAN SHYAM, J.
1. Heard Mr. H.R.A. Choudhury, learned Sr. counsel assisted by Mr. A. Ahmed, learned counsel for the appellant. We have also heard Ms. S. Jahan, learned Addl. P.P. Assam appearing for the State/respondent No. 1. None has appeared for the respondent No. 2.
2. By the judgment and order dated 11-12-2020 passed by the learned Sessions Judge, Bongaigaon in connection with Sessions Case No. 17(BGN)/2017 the sole appellant was convicted under Section 302 read with Section 498(A) of the IPC. For the offence committed under section 302 IPC, the appellant was sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 5,000/- in default, to suffer simple imprisonment for 3 (three) months. For the offence committed under section 498-A IPC, the appellant was sentenced to undergo imprisonment for 2 (two) years and to pay fine of Rs. 2,000/- with default stipulation.
3. On 24-12-2016, an FIR was lodged by Sri. Guddu Ali, the younger brother of the victim, informing the Officer-in-Charge of the North Bongaigaon Police Station that the appellant/ accused No. 1 had got married with his elder sister viz. Musstt. Mamata Khatun (victim) about three months bac
The admissibility and reliability of dying declarations in establishing guilt in criminal cases.
A dying declaration can serve as the sole basis for conviction if it is credible and corroborated, emphasizing its legal admissibility in murder cases.
Point of Law : oral dying declaration made the deceased ought to be treated with care and caution since the maker of the statement cannot be subjected to any cross-examination.
The dying declaration of the victim was admissible in evidence as it was truthful, voluntary, and not a product of tutoring or prompting.
Dying declarations can serve as sole basis for conviction if deemed reliable, conscious, and voluntary.
The evidentiary value of a dying declaration is undermined by doubts regarding the deceased's mental state and reliability during its recording, rendering conviction unsafe without corroborative evid....
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.
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