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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Binod Mandal, son of Sitaram Mandal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Pradeep Kumar Srivastava, J.
1. Heard Mr. H.K. Shikarwar, learned counsel appearing for the appellant and Mrs. Kumari Rashmi, learned A.P.P. appearing for the State.
2. The instant criminal appeal has been preferred by the above named sole appellant for setting aside the judgment and order of conviction and sentence dated 17.01.2003 and 20.01.2003 respectively for the offence under section 302 of IPC passed by learned Additional Sessions Judge-IV, Dumka in S.C. No.212 of 2001, whereby and whereunder, the appellant has been held guilty for the aforesaid offence and sentenced to undergo rigorous imprisonment for life.
Factual Matrix
3. Factual matrix giving rise to this appeal is based on fardbayan of Lakhia Devi, wife of Binod Mandal (present appellant) recorded by A.S.I., Nokha Lal Yadav of Palajori P.S. on 28.05.2000 at 16:00 hours at State Dispensary, Palajori stating inter alia that on 28.05.2000 in the morning, the informant’s husband, Binod Mandal sprinkled kerosene oil on her body and set her on ablaze, when she started crying, her husband fled away from the house. The reason behind the occurrence is that her husband was saying that he will solemnize second marriage wit
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....
A dying declaration must be voluntary and reliable; inconsistencies and external pressure can render it inadmissible, leading to acquittal if no corroborative evidence exists.
The central legal point established in the judgment is the importance of corroborative evidence and ensuring the declarant's fit state of mind in determining the reliability of a dying declaration.
A dying declaration must be supported by evidence of the declarant's mental fitness; absence of such certification undermines its reliability as a basis for conviction.
A dying declaration must be certified by a medical professional regarding the declarant's mental fitness; failure to do so undermines its reliability as evidence in a murder conviction.
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....
[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.]
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