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PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
Shanta – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
Dr. Pushpendra Singh Bhati, J.
1. This criminal appeal under Section 374(2) Cr.P.C. has been preferred claiming the following relief:
2. The accused-appellant laid a challenge to the judgment of conviction and order of sentence dated 02.11.1993 passed by the learned Sessions Judge, Udaipur in Sessions Case No.142/92 (State of Rajasthan vs. Smt. Shanta), whereby the accused-appellant has been convicted and sentenced as below:
| Offence under Section | Sentence | Fine |
| 302 IPC | Life Imprisonment | - |
3. Brief facts of this case, as placed before this Court by learned counsel for the accused-appellant, are that on 24.01.1992, a telephonic information was given to the police official, namely, Deva Ram (PW-6) by one Yogendra Chandra (Medical Jurist), General Hospital, Udaipur to the effect that on the said date, one Smt.Wali Bai, wife of Mangilal Banjara, resident of Ode Mohalla, has been brought to the hospital in a burnt condition, whereupon she was admitted in the hospital and treatme
The court upheld the conviction based on credible dying declaration and corroborative evidence, affirming the accused's guilt in the murder case.
The reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
Dying declarations can serve as the sole basis for conviction if they are consistent and credible; however, inconsistencies and lack of corroborative evidence can lead to reasonable doubt and acquitt....
The court established that inconsistent dying declarations can undermine the prosecution's case, necessitating a careful evaluation of their credibility.
The dying declaration of the deceased, supported by medical evidence and circumstantial evidence, can be sufficient to establish guilt under Section 302 of IPC.
Court emphasized that a magistrate's dying declaration carries significant weight over oral declarations, affecting conviction in murder cases.
The admissibility and reliability of dying declarations in establishing guilt in criminal cases.
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