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SUSMITA PHUKAN KHAUND
Dulen Hati Baruah, Son of Sri Baneswar Hati Baruah – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Heard Ms P Bhattacharya, learned counsel for the appellant, Sri Dulen Hati Baruah and Ms S H Bora, learned Additional Public Prosecutor for the State of Assam.
2. This appeal is directed against the Judgment and Order dated 21.12.2011, passed by the learned Additional Sessions Judge (FTC), Lakhimpur at North Lakhimpur, in connection with Sessions Case No. 80(NL)/2011, arising out of GR Case No. 572/2011, convicting the appellant under Section 498(A) of the Indian Penal Code, 1860 (‘IPC’, for short), to undergo Rigorous Imprisonment for one year and to pay a fine of Rs. 1,000/-, with default stipulation. The appellant will hereinafter be referred to as the accused.
3. The genesis of the case was that on 05.05.2011, at about 10:00 pm, the accused set ablaze his wife Bornali Baruah by dousing her with kerosene. The victim Bornali Baruah (also referred to as the deceased or the victim) was immediately shifted to the North Lakhimpur Civil Hospital, but she succumbed to the burns sustained by her. While the victim was undergoing treatment, her mother Smt Munu Baruah lodged an FIR and GD Entry No. 167 dated 10.05.2011 was registered and the FIR was forwarded to North Lakhimpur Pol
The dying declaration recorded by the police was not reliable as the sole evidence to convict the accused under Section 498(A) IPC. Major contradictions in witness statements raised doubts about the ....
The court emphasized the necessity of corroborating dying declarations and established that dowry-related cruelty leading to death constitutes an offence under Section 304B IPC.
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....
Weight and utility of a dying declaration depend upon surrounding circumstances and credibility which court attaches to it, having regard to evidence led before it.
The Dying Declaration must be credible and corroborated; in this case, it was deemed unreliable due to contradictions and lack of supporting evidence.
Dying declarations can only support a conviction if consistent and made in a fit mental state; inconsistencies create reasonable doubt.
A dying declaration can serve as the sole basis for conviction if it is credible and corroborated, emphasizing its legal admissibility in murder cases.
A dying declaration can be the sole basis of conviction if it is found to be true and voluntary, and if the court is satisfied that the statement is reliable and not the result of tutoring, prompting....
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