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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
| Table of Content |
|---|
| 1. overview of the case and initial charges. (Para 1 , 2) |
| 2. factual account of the incident and trial proceedings. (Para 3 , 4 , 5 , 6 , 8) |
| 3. arguments presented by both parties regarding the case. (Para 9 , 10) |
| 4. court's considerations and judicial observations. (Para 11 , 12) |
| 5. legal principles relating to dying declarations. (Para 13 , 15 , 16) |
| 6. court's analysis of evidence and conclusion on reasonable doubt. (Para 18 , 19 , 20 , 21) |
| 7. final order and acquittal of the accused. (Para 22 , 23 , 24) |
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 controversy are that on 24.08.2012, complainant Devi Singh gave a statement while admitted in Burn Ward of Mahatma Gandhi Hospital, Jodh
Dying declarations can support conviction but must inspire confidence and be supported by corroborative evidence, especially in cases of reasonable doubt.
A dying declaration can only serve as a basis for conviction if it is proven to be reliable and made in a fit mental state; otherwise, it cannot sustain a conviction.
Dying declarations can serve as the sole basis for conviction if deemed credible and made in a fit state of mind, as established in this case.
The court affirmed that a dying declaration can serve as the sole basis for conviction if it is credible, voluntary, and made in a fit state of mind.
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.
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
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