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Guddu – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. This criminal appeal has been preferred by the appellant-Guddu, who was convicted and sentenced in S.T. No.124 of 2015 (State Vs. Guddu and others), arising out of Case Crime No.494 of 2014, registered under Sections 498-A, 304-B I.P.C. and 302/34 I.P.C. in alternative and Section 3/4 of Dowry Prohibition Act at Police Station Khandauli, District Agra by which appellant was convicted and sentenced for ten years R.I. under Section 304-B I.P.C., for one year R.I. under Section 498-A I.P.C. with fine of Rs. 5,000/- and two months in default and for six months R.I. under Section 4 of D.P. Act with fine of Rs.5,000/- and in default two months additional imprisonment.
2. The relevant brief facts of the case are that informant Bharat Singh lodged an F.I.R. on 07.11.2014 at Police Station Khandauli, District Agra with the averment that he had got married her daughter-Pinki on 23.03.2013 with Guddu-appellant son of Sriniwas, resident of village Poiya, Police Station Khandauli, District Agra and gave dowry according to his capacity but Pinki’s husband, mother-in-law, father-in-law and other relatives and family members were not satisfied with the dowry and they started torturing
Dowry Death - Dying Declaration - Reliability of - It clearly emerges that it is not an absolute principle of law that a dying declaration cannot form sole basis of conviction of an accused when such....
The Dying Declaration must be credible and corroborated; in this case, it was deemed unreliable due to contradictions and lack of supporting evidence.
witnesses of both the sides (prosecution and the defence) sail on the same boat both have to be given same treatment at par to appraise on the touchstone of credibility and truthfulness which has not....
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
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....
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 can be the sole basis for conviction if it is true, reliable, and recorded in accordance with law. The cause of death due to septicaemia led to the classification of the offence....
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