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PANKAJ BHANDARI, BHUWAN GOYAL
Mohd. Iqbal, son of Ali Ahemad – Appellant
Versus
State Of Rajasthan Through PP. – Respondent
JUDGMENT :
(Pankaj Bhandari, J.)
1. The appellant has filed the instant Criminal Appeal aggrieved by the judgment of conviction and order of sentence dated 11.05.2016 passed by the learned Additional Sessions Judge, Women Atrocities Cases, No.1, Jaipur Metropolitan, Jaipur, whereby accused appellant has been convicted and sentenced as hereinunder:-
(ii) For the offence under Section 302 IPC - Life imprisonment and a fine of Rs.50,000/- and in default of payment of fine, to further undergo, 6 months rigorous imprisonment.
Both the sentences were directed to run concurrently.
2. Succinctly stated the facts of the case are that on 13.05.2011, Aedal Prasad (PW-24), S.I., Police Station, Galta Gate, Jaipur (North) recorded a parchabayan (Exhibit-P21) of the victim wherein she has stated that her marriage was solemnized about 8 years back and that since the beginning, she has been subjected to cruelty on account of demand of dowry by her husband and his other family members. She has further stated that on 13
The main legal point established in the judgment is the importance of scrutinizing and verifying dying declarations and parchabayans, the need for compliance with recording procedures, and the possib....
The central legal point established in the judgment is the need for caution in relying on dying declarations and the importance of establishing the credibility of circumstantial evidence in criminal ....
The prosecution must prove beyond reasonable doubt the essential elements of dowry death, including the timing of the marriage and the link between dowry demands and the death, as well as the decease....
witnesses of both the sides (prosecution and the defence) sail on the same boat both have to be given same treatment at par to appraise on the touchstone of credibility and truthfulness which has not....
Dying declaration as fardbeyan without doctor's fitness certificate but recorded in doctor's presence amid 90% burns held reliable and voluntary where no tutoring evident, sufficient for murder convi....
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