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RAJNESH OSWAL, RAJESH SEKHRI
State of Jammu & Kashmir – Appellant
Versus
Satya Devi – Respondent
JUDGMENT
Rajnesh Oswal, J. - This appeal is directed against the judgment of acquittal dated 25.07.2007 delivered by the learned 3rd Additional Sessions Judge, Jammu (hereinafter to be referred as the trial court) in file No. 24/challan, titled, 'State of J&K vs Satya Devi and another', for commission of offences under sections 302 and 498-A RPC arising out of FIR No. 53/2005 of Police Station, Khour, whereby the respondents have been acquitted of the charges for commission of aforementioned offences.
2. The appeal has been preferred on the ground that the learned trial court has not appreciated the evidence in its right perspective as the prosecution had successfully proved the allegations levelled against the respondents by leading oral as well as documentary evidence, that was sufficient to establish the guilt of the respondents.
3. Mr. Amit Gupta, learned AAG appearing for the appellant vehemently argued that the prosecution had proved the dying declaration of the deceased and that was alone sufficient to convict the respondents.
4. On the contrary, Mr. Mandeep Singh, learned counsel for the respondents submitted that the dying declaration allegedly made by the deceased was not pro
The reliability of a dying declaration and the importance of corroboration and support from other witnesses in a criminal case.
: No reliance can be placed upon dying declaration which is doubtful in nature.
The credibility of a dying declaration is not affected by the percentage and degree of burns suffered by the deceased, and the only considerations are the voluntariness and fitness of the declarant's....
: Conviction can be recorded solely on the basis of dying declaration and there is no need of corroborative evidence provided dying declaration is voluntary.
Dying declarations must be corroborated by reliable evidence; significant contradictions in witness testimonies undermine their credibility, impacting the validity of the conviction.
The authenticity of a dying declaration must be proven beyond reasonable doubt, and discrepancies in attestation and the condition of the deceased can cast doubt on its reliability.
A dying declaration can serve as the sole basis for conviction if it is credible and corroborated, emphasizing its legal admissibility in murder cases.
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