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HIGH COURT OF JHARKHAND AT RANCHI
YRONGON MUKHOPADHYA, ARUN KUMAR RAI
Asish Ranjah Shaw @ Ashish Ranjan Sahu, S/o Bishnu Pada Shaw – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent
| Table of Content |
|---|
| 1. conviction for dowry-related offences. (Para 3 , 4 , 5) |
| 2. details of the incident leading to prosecution. (Para 6 , 7 , 8) |
| 3. defense argues against dying declaration. (Para 20 , 21 , 22) |
| 4. judgment set aside due to evidence contradictions. (Para 23 , 28) |
| 5. court questions validity of dying declaration. (Para 24 , 25 , 26 , 27) |
| 6. appeals allowed; appellants discharged. (Para 29 , 30 , 31) |
JUDGMENT :
(Rongon Mukhopadhyay, J.)
Heard Mr. Chandan Kumar, learned counsel appearing for the appellant in Cr. A (D.B.) No. 246 of 1998 (R), Mr. Dilip Kr. Chakraverty, learned counsel for the appellant in Cr. A (D.B.) No. 231 of 1998 (R) and opposed by Mr. Shiv Shankar Kumar, learned A.P.P. for the State.
2. Since both these appeals arise out of a common judgment they are being disposed of by this common order.
3. These appeals are directed against the judgment and order of conviction and sentence dated 12.08.1998 passed by Shri S.H. Kazmi, learned 3rd Additional Sessions Judge, East Singhbhum, Jamshedpur in Sessions Trial No. 368/1997, whereby and whereunder, the appellants have been convicted for the offences punishable u/s 304-B/34, 498A/34 of the IPC and Section 4 of the Dowry
The court determined that reliance on a dying declaration in a semi-comatose state without corroborating evidence is insufficient for conviction in a dowry-related homicide case.
The central legal point established in the judgment is the requirement to prove dowry demand for conviction under Section 498-A I.P.C. and the scrutiny of the dying declaration and medical evidence f....
The admissibility and reliability of dying declarations in establishing guilt in criminal cases.
The prosecution must prove beyond reasonable doubt the essential elements of dowry death, including the timing of the marriage and the link between dowry demands and the death, as well as the decease....
The Dying Declaration must be credible and corroborated; in this case, it was deemed unreliable due to contradictions and lack of supporting evidence.
A dying declaration, if proven voluntary and coherent, may be the sole basis for conviction, even if the declarant suffers from severe injuries, provided it inspires confidence in the court.
The prosecution must prove beyond reasonable doubt that a woman was subjected to cruelty for dowry demand to establish a case of dowry death under IPC Section 304-B.
Point of law : In the absence of the same, a doubt arises as to whether really P.W.1 is speaking the truth in the Court. It is not a case where P.W.1 was declared hostile having regard to his version....
The court emphasized the necessity of corroborating dying declarations and established that dowry-related cruelty leading to death constitutes an offence under Section 304B IPC.
Dying declaration – It is not the law that dying declaration recorded by Sub-Inspector of Police is inadmissible in evidence and cannot be relied for conviction.
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