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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sri Ananda Sen, Sri Gautam Kumar Choudhary, JJ
Rajendra Khatik S/o Shri Kishore Lal Khatik – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANANDA SEN, J.
1. This Criminal Appeal arises out of the judgment of conviction dated 29.09.2003 and the order of sentence dated 30.09.2003 in Sessions Trial Case No. 45 of 2000 whereby and whereunder learned Additional Sessions Judge IV, Bokaro convicted the appellant under Sections 302 /34 of the INDIAN PENAL CODE and sentenced him to undergo imprisonment for life under Section 302 /34 of the INDIAN PENAL CODE with a fine of Rs. 1,000/-.
2. The learned counsel appearing on behalf of the appellant submitted that there is no eye witness to the occurrence and the case is solely based on the dying declaration of the deceased. As per the learned counsel if the dying declaration is disbelieved, there remains no material to implicate this appellant in this case. As per her, the deceased was not in a position to give the dying declaration and if there is any doubt about the veracity of the dying declaration, conviction cannot be sustained. It would not be proper to convict the appellant solely on the basis of the dying declaration without corroboration. Admittedly there is no other corroborative evidence thus this appeal needs to be allowed.
3. The learned counsel for the State op
Dying declarations can alone sustain a conviction if deemed reliable and made in a fit state of mind, without corroborative evidence being strictly necessary.
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 serve as the sole basis for conviction if found credible, with no strict requirement for corroboration.
[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.]
The dying declaration, when found to be credible and supported by medical evidence and witness testimonies, can be the primary basis for conviction, even without the need for corroboration.
The reliability and consistency of dying declarations, along with the admissibility of medical evidence and the prosecution's obligation to produce evidence, were central to the court's decision.
The admissibility and reliability of dying declarations, emphasizing the need for voluntariness, truthfulness, and fitness of the declarant to make the statement.
Dying declarations can serve as the sole basis for conviction if they are proven to be reliable, but lack of corroboration or inconsistencies can lead to acquittal.
The dying declaration made by the deceased was voluntarily made and in a conscious state of mind, and it was supported by witness testimonies, medical and forensic evidence, leading to the conviction....
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