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RAJNESH OSWAL, RAJESH SEKHRI
State of Jammu & Kashmir – Appellant
Versus
Ram Karan Singh – Respondent
JUDGMENT
Rajnesh Oswal, J. - The judgment dated 18.02.2014 passed by the learned Principal Sessions Judge, Jammu (hereinafter to be referred as the trial court) in case titled, State of J & K vs. Ram Karan Singh@ Karan Singh for commission of offences under sections 302 and 201 RPC arising out of FIR No. 95/2011 of Police Station, Miran Sahib, has been impugned by the appellant in this appeal on the ground that the learned trial court has not rightly appreciated the evidence and has passed the judgment in a mechanical manner.
2. Brief facts which are necessary for the disposal of the present appeal are that FIR bearing No. 95/2011 dated 12.09.2011 was initially registered under section 307 RPC with Police Station, R.S. Pura against the respondent on the receipt of the statement of Anita Devi, wife of respondent, recorded by Head Constable Jangi Ram in Government Medical College (GMC) Hospital Jammu wherein she had stated that on 12.09.2011 at 12.30 P.M. she asked her husband to take meals but he stated that he would not take the meals of her hands and she asked him as to whether he has kept some other lady. Respondent replied that he has kept some other lady and he would desert her.
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.
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.
Dying declarations must be voluntary and inspire confidence; the first declaration identifying the husband as responsible was deemed more authentic than the second, implicating family members, which ....
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
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.
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