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LANUSUNGKUM JAMIR, MRIDUL KUMAR KALITA
Sanjib Murah @ Lodha S/o. Lt. Thula Murah – Appellant
Versus
State of Assam Rep. By PP – Respondent
JUDGMENT :
1. This criminal appeal (Jail) has been registered on the basis of an appeal petition filed by the appellant , namely, Sanjib Murah @ Lodha through the Superintendent, District Jail, Tinsukia, where he has been presently lodged, impugning the judgment dated 08.03.2019 passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 128(T)/2016 whereby the present appellant was convicted under Section 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.25,000/- (Rupees Twenty Five Thousand) and in default of payment of fine to undergo further imprisonment for six months.
2. The facts relevant for consideration of this jail appeal, in brief, are as follows:-
The importance of corroborated evidence and the need for a dying declaration to be recorded by a Magistrate or a doctor 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.
A dying declaration can serve as the sole basis for conviction if it meets the criteria of truthfulness, voluntariness, and absence of suspicion, as established by the Indian Evidence Act and relevan....
The court determined that inconsistent dying declarations and lack of corroborating evidence preclude conviction, emphasizing the burden on prosecution to prove guilt beyond a reasonable doubt.
Dying declarations must be corroborated by reliable evidence; significant contradictions in witness testimonies undermine their credibility, impacting the validity of the conviction.
Dying declarations can be the basis for conviction if they are found to be truthful and voluntary; however, they must be carefully scrutinized, especially in the absence of corroborative evidence.
Dying declarations can constitute sole evidence for conviction if found voluntary and truthful; the burden of proof for alibi rests solely with the appellant.
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