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PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
Arjun Singh S/o Madan Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
[Per Hon’ble Mr. Justice Munnuri Laxman] :
1) The challenge in the present appeal is to the judgment of conviction dated 20.03.2017 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Jodhpur Metropolitan on the file of Sessions Case No.150/2013 (N.C.V. No.886/2014), wherein and whereby the appellants-accused were convicted for the offences punishable under Sections 498-A and 302/34 of IPC and sentenced as under:-
| Offences | Sentence | Fine |
| 302/34 IPC | Life imprisonment | Rs.10,000/-, in default thereof to further undergo 1 month’s additional imprisonment |
| 498-A IPC | 3 years’ simple imprisonment | Rs.2000/-, in default thereof to further undergo 10 days’ additional imprisonment |
2) The case of the prosecution is that on 15.05.2013, PW-1 Smt. Sanu Kanwar, the mother of the deceased-Poonam lodged a report stating that the marriage between Mangal Singh and the deceased were performed on 02.01.2007 as per the Hindu rituals and customs. Out of the said wedlock, a female child, namely, Ranu was born, who is now 4 years of old. At the time of marriage, gold, silver, clothes, utensils and other household items were given as per their financ
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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.
Where there are more than one statement in the nature of dying declaration, one first in point of time must be preferred. Of course, if the plurality of dying declaration could be held to be trustwor....
Dying declarations were deemed reliable for conviction; conviction for murder upheld due to sufficient corroboration and intent established.
Dying declarations can be the basis for conviction if voluntary and reliable; inconsistencies can undermine their credibility, especially when the accused was not present during the incident.
(1) Merely because there are two/multiple dying declarations, all dying declarations are not to be rejected.(2) There is neither a rule of law nor of prudence to the effect that a dying declaration c....
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