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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Lila Chetry, S/o. Late Jitt Bahadur Chetry – Appellant
Versus
State Of Assam, Represented By PP Assam – Respondent
| Table of Content |
|---|
| 1. conviction of the appellant under ipc section 302. (Para 2 , 8 , 9 , 10) |
| 2. appellant's counsel argues against dying declaration. (Para 3 , 4 , 5) |
| 3. concerns regarding reliability of the dying declaration. (Para 11 , 12 , 13 , 14 , 15) |
| 4. criteria for admissibility of dying declarations. (Para 16 , 17 , 23 , 24 , 25 , 26 , 27 , 28) |
| 5. acquittal of the appellant and conclusion. (Para 29 , 30 , 31) |
JUDGMENT :
M. Zothankhuma, J.
1. Heard Mr. B. Chetri, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam for the State.
2. This appeal has been filed against the judgment dated 08.02.2023 passed by the learned Additional Sessions Judge (FTC-I), Margherita, in Sessions Case No.24(M)/2017, by which the appellant has been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life, with a fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for 6 (six) months under .
3. The appellant’s basic case is that the oral dying declaration of the deceased, which was heard only by PW-1 (informant), while the evidence shows that there were other prosecution witnesses present with PW-1 at the relev
Conviction based solely on an oral dying declaration requires corroborative evidence; doubts undermine its reliability.
The central legal point established in the judgment is the requirement for trustworthy and reliable oral dying declarations, absence of suspicious circumstances, and corroborative evidence to base a ....
Dying declaration – In cases where Court finds that there exist more than one dying declarations, each one of them must be examined with care and caution and only after satisfying itself as to which ....
The court relied on oral and documentary evidence to establish the guilt of the accused under Section 302 IPC.
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
(1) Dying declaration while carrying presumption of being true must be wholly reliable and inspire confidence – Where there is any suspicion over veracity of same or evidence on record shows that dyi....
The court held that a dying declaration requires corroboration and careful scrutiny to establish reliability, particularly when inconsistencies with medical evidence arise.
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