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DHIRAJ SINGH THAKUR, MOHAN LAL
Gian Chand – Appellant
Versus
State Through Incharge Police Station Udhampur – Respondent
Judgment :
Mohan Lal, J.
Instant Criminal Conviction Appeal is directed by the appellants against the judgment and orders dated 19-09-2018 & 03-10-2018 rendered by the court of Ld. Pr. Sessions Judge Udhampur in file Challan No. 6 titled State V/S Gian Chand and Ors., whereby, appellants have been convicted and sentenced to rigorous imprisonment for life and fine of Rs. 5000/- each in FIR No. 67/2013 of P/S Udhampur for commission of offence u/s 302/34 RPC for commission of murder of one Vandna Sharma by burning. The trial judge has also made a reference being Cr. Ref. No.1199/PDSJU dated 09-10- 2018 to this court u/s 374 of the Code of Criminal Procedure 1973 (hereinafter referred to as “Cr.P.C.”) for confirmation of the sentence. Aggrieved of, and dissatisfied with the impugned judgment and order, appellants/convict have questioned it’s legality, propriety and correctness on the following grounds:-
: Motive is a thing which is primarily known to accused himself and it may not possible for prosecution to explain what actually prompted or excited him to commit a particular crime.
: When dying declaration has been recorded in accordance with law, and it gives a cogent and plausible explanation of occurrence, Court can rely upon it as solitary piece of evidence to convict accus....
A dying declaration can serve as the sole basis for conviction if it is credible and corroborated, emphasizing its legal admissibility in murder cases.
The reliability of a dying declaration is critical for conviction; procedural lapses and contradictions can lead to acquittal when benefits of doubt favor the accused.
The main legal point established in the judgment is the reliance on circumstantial evidence, including the dying declaration, medical evidence, and witness statements, to establish the guilt of the a....
The dying declaration of the deceased, supported by medical evidence and circumstantial evidence, can be sufficient to establish guilt under Section 302 of IPC.
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