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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANOJ KUMAR GARG, RAVI CHIRANIA
Himmat Singh S/o Bhanwar Singh – Appellant
Versus
State of Rajasthan – Respondent
Headnote: Read headnote
JUDGMENT :
MANOJ KUMAR GARG, J.
1. Instant criminal appeal has been filed by the appellants against the judgment dated 19.03.2016 passed by learned Addl. Session Judge, Bali, District Pali, in Sessions Case No.44/2012 by which the learned Trial Court convicted and sentenced the appellants as under:
| S. No. | Offence U/s | Sentence | Fine | Sentence in default of fine |
| 1. | 302/34 IPC | Life imprisonment | Rs.2,000/- | 6 months’ S.I. |
| 2. | 341 IPC | 1 month S.I. | --- | ---- |
2. Both the sentences were ordered to run concurrently.
3. Brief facts necessary to be noted for deciding the
Dying declarations can support conviction but must inspire confidence and be supported by corroborative evidence, especially in cases of reasonable doubt.
The court upheld the convictions based on the reliability of the dying declaration and corroborative evidence, affirming the principles governing the admissibility of such declarations.
Section 32(1) of Evidence Act relates to statement made by a person before his death.
Courts may rely on dying declarations for conviction if they are consistent and reliable; contradictions undermine their credibility, leading to acquittal.
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