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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, S.K.PANIGRAHI
Malati Mahanta – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. overview of the case and factual details. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments defending the accused based on dying declarations. (Para 6 , 8 , 9) |
| 3. court's observations regarding evidence discrepancies. (Para 10 , 11 , 12 , 13 , 14) |
| 4. analysis of the evidentiary standard of dying declarations. (Para 15 , 16 , 18 , 19) |
| 5. final ruling on the appeals. (Para 17 , 20) |
Judgment :
1. Since in both these Appeals, the judgment of conviction and order of sentence dated 26.02.2018 passed by the learned Additional Sessions Judge, Champua in S.T. Case No.4 of 2015 arising out of G.R. Case No.293 of 2014 corresponding to Jhumpura P.S. Case No.73 of 2014 of the court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Champua are under challenge; those were heard together, for being disposed of by common judgment.
Being aggrieved by the above judgment of conviction and order of sentence, the Appellants (accused persons) have preferred these Appeals.
3. On completion of investigation, Final Form was submitted placing these accused persons along with two others to face the trial for commission of offence under sections 498(A)/302/304(B)/34, I.P.C. and section 4 of the D.P.
The evidentiary value of a dying declaration is undermined by doubts regarding the deceased's mental state and reliability during its recording, rendering conviction unsafe without corroborative evid....
Weight and utility of a dying declaration depend upon surrounding circumstances and credibility which court attaches to it, having regard to evidence led before it.
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.
The admissibility and reliability of dying declarations in establishing guilt in criminal cases.
The dying declaration of the victim was admissible in evidence as it was truthful, voluntary, and not a product of tutoring or prompting.
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.
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 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 admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
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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