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SANJAYA KUMAR MISHRA, ANANDA SEN
Shivan Sah @ Shivan Sao S/o Niro Sah @ Niro Sao – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent
| Table of Content |
|---|
| 1. case's outline and initial facts established regarding the conviction under section 302. (Para 1 , 2 , 3 , 4 , 5) |
| 2. court's observations illustrating flaws in evidential reliability and the necessity for corroboration. (Para 6 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. defense arguments challenging the reliability of dying declarations. (Para 7 , 8) |
| 4. final judgment concluding the appeal was successful and the conviction was overturned. (Para 19 , 20 , 21) |
JUDGMENT :
SANJAYA KUMAR MISHRA, C.J.
1. In this appeal, the sole appellant Shivan Sah @ Shivan Sao has challenged the judgment of conviction dated 29.03.1997 and order of sentence dated 31.03.1997 passed by the Sessions Judge, Godda in Sessions Trial No. 25 of 1996, whereby he has convicted the appellant for the offence under Section 302 of the INDIAN PENAL CODE , 1860 (hereinafter referred to as the ‘Penal Code’ for brevity) and sentenced him to undergo imprisonment for life thereunder without any fine.
2. The case of the prosecution, shorn of unnecessary details, is that on 3rd of January, 1991 at about 8.30 p.m., an F.I.R. was lodged before the ASI Kedar Mandal at the Health Centre, Panjwara. It was
The court held that a dying declaration requires corroboration and careful scrutiny to establish reliability, particularly when inconsistencies with medical evidence arise.
Dying declarations can alone sustain a conviction if deemed reliable and made in a fit state of mind, without corroborative evidence being strictly necessary.
A dying declaration can serve as the sole basis for conviction if it is credible and free from infirmities; however, significant discrepancies and doubts regarding its reliability necessitate caution....
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
Dying declarations can serve as the sole basis for conviction if found credible, with no strict requirement for corroboration.
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 ....
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