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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Raj Rani, wife of Shri Preetam Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Ananda Sen, J.
This Criminal Appeal is preferred on behalf of the appellant being aggrieved by the judgment of conviction dated 24.01.2011 and order of sentence dated 01.02.2011, passed by learned Additional Sessions Judge, F.T.C. III, Dhanbad, in Sessions Trial No.199 of 2008, whereby and wherein the appellant has been convicted in connection with Sessions Trial No.199 of 2008, G.R. No.163 of 2008 for offence under Section 302 IPC. She was sentenced to undergo Rigorous Imprisonment for Life with a fine of Rs.10,000/-.
2. Learned counsel for the appellant submits that the entire prosecution case hinges on the statement of the deceased Ishmit Kaur, but her statement cannot be accepted as dying declaration as there are contradictions. The Doctor has also not certified that the deceased was in a fit state of mind to get her statement recorded. In absence of the said certification and considering the nature and extent of injury, which is burn injury, the said statement which forms the basis of the First Information Report becomes doubtful and unreliable. Further, it has been contended that the Investigating Officer has admitted that the deceased had given a different statement
A dying declaration must be voluntary and reliable; inconsistencies and external pressure can render it inadmissible, leading to acquittal if no corroborative evidence exists.
[A dying declaration can serve as the sole basis for conviction if it is found to be voluntary, coherent, and made in a fit mental state, even in the presence of minor inconsistencies.]
Dying declaration – Multiplicity of dying declarations do not prove prosecution case – Rule of benefit of reasonable doubt does not imply that any departure from due procedure would justify rendering....
Dying declaration as fardbeyan without doctor's fitness certificate but recorded in doctor's presence amid 90% burns held reliable and voluntary where no tutoring evident, sufficient for murder convi....
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
The reliability and sufficiency of corroborating evidence in a dying declaration, and the impact of non-examination of relevant witnesses on the case
The court ruled that a dying declaration must be credible and recorded under proper conditions; discrepancies and lack of corroborative evidence led to the acquittal of the appellant.
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