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SUDHIR SINGH, KARAMJIT SINGH
Rattan Lal @ Rattan Kumar – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
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| 1. the appeal relates to the conviction of the appellants under section 302 ipc. (Para 1 , 2 , 3) |
| 2. arguments presented focused on the credibility and influence of the dying declarations. (Para 9 , 10 , 11) |
| 3. interpretation and application of legal standards for assessing dying declarations. (Para 18 , 21 , 24) |
| 4. final judgment adjusts the conviction based on evidence presented. (Para 30 , 31 , 32) |
JUDGMENT :
Mr. Karamjit Singh, J.
The instant appeal is directed against the judgment and order dated 12.01.2012 passed by the learned Sessions Judge, Sirsa, in case bearing FIR No.21 dated 23.02.2009 registered under Sections 306 , 498-A, 511 IPC Police Station Nathusari Chopta District Sirsa, vide which the appellants were convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- each, and in default of payment of fine, to further undergo simple imprisonment for three months, under Section 302 read with Section 34 IPC.
2. Briefly stated the case of the prosecution is that on 23.02.2009, PW-10 SI Sita Ram, who was present in Police Station Nathusari Chopta, received a telephonic message from MHC, Police Station City Sirsa regarding ad
Dying declarations must be voluntary and inspire confidence; the first declaration identifying the husband as responsible was deemed more authentic than the second, implicating family members, which ....
Dying declarations may serve as the sole basis for conviction if deemed voluntary, consistent, and credible; inconsistencies must be assessed in light of surrounding facts.
(1) Merely because there are two/multiple dying declarations, all dying declarations are not to be rejected.(2) There is neither a rule of law nor of prudence to the effect that a dying declaration c....
The reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
The court reiterated the principles governing the admissibility and evidentiary value of dying declarations, emphasizing the need for careful scrutiny to ensure their genuineness and reliability.
Where there are more than one statement in the nature of dying declaration, one first in point of time must be preferred. Of course, if the plurality of dying declaration could be held to be trustwor....
Dying declarations can serve as the sole basis for conviction if deemed credible and voluntary, without requiring corroboration.
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