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RONGON MUKHOPADHYAY, AMBUJ NATH
Suraj Sao @ Suraj Sah – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Sri Yogesh Modi, learned Amicus Curiae appearing for the appellant and Mr. B.N. Ojha, learned A.P.P.
1. This appeal is directed against the judgment of conviction and order of sentence dated 28.02.2013 passed by Sri A.K. Singh “Ashok”, the then Additional Sessions Judge-I, Deoghar in connection with Sessions Case No. 88/2010, arising out of Madhupur P.S. Case No. 205/2009 corresponding to G.R. No. 480/2009 holding the appellant Suraj Sao @ Suraj Sah guilty of offence under Section 302 of the Indian Penal Code and thereby sentencing him to undergo imprisonment for life alongwith fine of Rs. 5,000/- and in default of payment of fine the appellant was further directed to undergo S.I. for six months. Appellant was acquitted for the offence under Section 304 B of the Indian Penal Code.
2. The prosecution case in brief is that on 26.10.2009 at about 03:30 P.M., the appellant and his wife Putul Devi (deceased) were in a room at her maike. Her niece Rakhi Kumari was present in the courtyard just outside their room. Rakhi Kumari saw smoke coming out from the room, on which she went inside and saw Putul Devi ablaze. The appellant was standing there with a kerosene container
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.
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 main legal point established in the judgment is the requirement of corroboration for a dying declaration, the fit mental and physical condition of the deceased, and the need to establish motive f....
The court ruled that the appellant committed culpable homicide, not murder, establishing that the prosecution's circumstantial evidence, albeit strong, did not demonstrate premeditation.
(1) Murder of wife and disappearance of evidence – 100% burn injuries was not possible in case of self-inflicting burns.(2) Statement of witnesses – Statement under Section 164 Cr.P.C. cannot be disc....
The admissibility and reliability of oral dying declarations as evidence in criminal cases, and the principles outlined in Laxman Vs. State of Maharashtra and Atbir Vs. Government of NCT of Delhi.
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