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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANOJ KUMAR GARG, RAVI CHIRANIA
State of Rajasthan – Appellant
Versus
Ramlal son of Shri Baldas – Respondent
ORDER :
RAVI CHIRANIA, J
1. The State has filed this Criminal Appeal under section 378 (iii) & (i) of Cr.P.C. against the judgment dated 06.07.1998 passed by Shri Mahendra Maheshwari, R.H.J.S., Additional District and Sessions Judge, Parbatsar (Rajasthan) in Session Case No. 28/98 (old number 25/95) whereby the sole accused respondent was acquitted. The State has file the present Criminal Appeal on the following grounds:
“i) That learned trial court has gravely erred in law as well as in facts while acquitting the accused-respondent by giving him benefit of doubt and the impugned judgment is quite illegal, invalid, manifestly erroneous, contrary to the provisions of law and perverse to the material on record which deserves to be quashed and set aside.
ii) That the learned trial court has gravely erred in law as well as in facts in disbelieving the prosecution evidence without any cogent reason which has resulted into grave miscarriage of justice and under these circumstances the impugned judgment deserves to be quashed and set aside.
iii) That the learned trial court has not considered the dying declaration of the deceased Chanda Soni which was recorded during the treatment on the polic
The appellate court emphasizes that reversal of acquittal requires compelling evidence of error in the trial court's judgment has been proved beyond reasonable doubt.
In cases of multiple dying declarations, inconsistencies necessitate corroboration for conviction; the earliest declaration indicating self-immolation was preferred, creating reasonable doubt about t....
A conviction based on inconsistent dying declarations is unsafe without corroborative evidence; discrepancies create reasonable doubt undermining the prosecution's case.
The prosecution must prove guilt beyond reasonable doubt, and inconsistencies in dying declarations can lead to acquittal.
The prosecution must prove guilt beyond reasonable doubt, and acquittals should not be interfered with unless found to be perverse or unsupported by evidence.
Dying declaration – In cases where Court finds that there exist more than one dying declarations, each one of them must be examined with care and caution and only after satisfying itself as to which ....
(1) Dying declaration while carrying presumption of being true must be wholly reliable and inspire confidence – Where there is any suspicion over veracity of same or evidence on record shows that dyi....
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....
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
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