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Pawan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ajai Tyagi, J.
1. The appeal has been preferred by the appellant-Pawan against the judgment and order dated 15.07.2014, passed by Additional District Judge, Court No.12, Bareilly in Session Trial No. 756 of 2012, arising out of Case Crime No. 537 of 2012, under Sections 498-A, 304-B, 302 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Baradari, District Bareilly whereby the appellant-Pawan is convicted and sentenced for the offence under Sections 304-B I.P.C. for life imprisonment.
2. The second appeal has been preferred by the appellants namely, Smt. Meera Devi, Kapil and Km. Mona Mala against the judgment and order dated 15.07.2014 passed by Additional District Judge, Court No.12, Bareilly in Session Trial No.932 of 2013, arising out of Case Crime No.537 of 2012, under Sections 498-A, 304-B, 302 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Baradari, District Bareilly, whereby the accused-appellants, Smt. Meera Devi, Kapil and Km. Mona Mala are convicted and sentenced for the offence of under Section 498-A I.P.C. for two years imprisonment
The main legal point established in the judgment is that the dying declaration can be the sole basis for conviction if found to be true and reliable, and that sentencing should consider the reformati....
The reliability of dying declarations, the presumption of dowry death under Section 113B of the Indian Evidence Act, and the reformative and corrective approach of criminal jurisprudence were central....
Dowry Death - Dying declaration - Conviction can be based on dying declaration alone without corroboration if the court finds the dying declaration trust-worthy and genuine.
Dying declarations can serve as the sole basis for conviction if proven credible, establishing link between dowry demands and resulting harassment leading to the victim's death.
The burden of proof under Section 106 of Indian Evidence Act and the principles of proper sentencing and the reformative approach underlying in the criminal justice system were the main legal points ....
The reliability of dying declaration, the role of hostile witnesses, and the distinction between murder and culpable homicide not amounting to murder in cases of death due to septicemia.
The main legal point established in the judgment is the reliance on the doctrine of dying declaration, the interpretation of Section 299 and 300 of the Indian Penal Code, and the application of the r....
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....
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....
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