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SANDEEP MEHTA, FARJAND ALI
Raysa S/o. Badra – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Farjand Ali, J.
1. The instant appeal has been filed under Section 374(2) of Cr.P.C. against the judgment of conviction and order of sentence dated 08.11.1989 passed by learned Sessions Judge, Jalore in Sessions Case No. 35/1988 whereby the appellants were held guilty for the offence under Section 302/149 IPC and they were sentenced to suffer imprisonment for life and a fine of Rs. 200/-; in default of payment of fine, they were ordered to further undergo one month rigorous imprisonment. In addition, they were also convicted for the offence under Section 148 IPC and were sentenced to undergo rigorous imprisonment for two years and a fine of Rs. 100/-; in default of payment of fine, they were to further undergo one month rigorous imprisonment. Both the sentences were to run concurrently.
2. During the course of appeal, seven out of the 10 appellants have passed away and therefore, the appeal to their extent stands abated by this Court vide orders dated 09.08.1999, 20.07.2015 and 28.07.2016. As per the police report dated 29.07.2022, appellant No.1-Raysa S/o Badra, appellant No.2-Moda S/o Shri Pratapa and appellant No.3-Moda S/o Shri Bhoora survive and are residing in Dhumbdi
The dying declaration of the deceased was found to be trustworthy and reliable, leading to the appellants' conviction under Sec. 302 read with Sec. 34 of the Indian Penal Code.
Dying declarations must be consistent and reliable, as they can form the sole basis for conviction only if they inspire full confidence and are free from inconsistencies.
(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....
(1) Dying declaration – For a statement to be termed dying declaration, circumstances discussed/disclosed therein must have some proximate relation to actual occurrence – If a dying declaration inspi....
Reliability of dying declaration as the sole basis for conviction and the requirement of specific role attribution to each accused in the dying declaration.
Dying declarations can alone sustain a conviction if deemed reliable and made in a fit state of mind, without corroborative evidence being strictly necessary.
The reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
The dying declaration made by the deceased was voluntarily made and in a conscious state of mind, and it was supported by witness testimonies, medical and forensic evidence, leading to the conviction....
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