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HARINDER SINGH SIDHU, LALIT BATRA
Surjit Singh – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. details of the incident leading to the charge. (Para 1 , 2 , 4) |
| 2. defendant's statements and circumstances of arrest. (Para 5 , 6 , 39) |
| 3. medical evaluations and assessments on cause of death. (Para 11 , 12 , 14) |
| 4. prosecution's argument on intent and evidence. (Para 40 , 41 , 58) |
| 5. legal standards for dying declarations. (Para 45 , 49 , 66) |
| 6. final verdict on appeal. (Para 67) |
JUDGMENT
Mr. Harinder Singh Sidhu, J.
This appeal has been preferred against the judgment and order dated 21/23.12.2002 passed by the Session Judge, Karnal in Sessions Case No.17 of 2002 whereby the appellant, who was charged with and tried for offence punishable under Section 302 IPC has been convicted for the same and sentenced to undergo imprisonment for life and to pay fine of Rs.10,000/- and in default to further undergo rigorous imprisonment for a period of one year.
2. The case of the prosecution in a nutshell is that on 3.1.2002, ASI Jagan Nath (PW14) while posted as Incharge Police Post Nilokheri received a rukka Ex.PA/1 from Dr. Ravinder Kaur, CHC Nilokheri regarding admission of Manpreet Kaur with 80 percent burns. On receipt of the rukka ASI Jagan Nath accompanied by other polic
The reliability of a dying declaration must be scrutinized with extra diligence by the court, considering the mental condition of the declarant and potential influencing factors such as animosity.
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 reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
[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.]
A dying declaration is admissible and can support a conviction if made in a fit state of mind and corroborated by medical evidence.
: Conviction can be recorded solely on the basis of dying declaration and there is no need of corroborative evidence provided dying declaration is voluntary.
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