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NALIN KUMAR SRIVASTAVA, K. J. THAKER
Angoori Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT:
Nalin Kumar Srivastava, J.
Heard Sri Yogesh Kumar Srivastava, learned counsel for the appellants and Sri N.K. Srivastava, learned AGA appearing for the State and perused the record.
2. The instant criminal appeal has been filed against the judgment and order dated 28.7.2016/29.7.2016 passed by Additional Sessions Judge/Fast Track Court No. 1, Hathras, in S.T. No. 493 of 2014, State v. Arjun Singh and one another, S.T. No. 194 of 2015, State v. Bachchoo Singh and one another and S.T. No. 146 of 2015, State v. Sukhvir, arising out of Case Crime No. 322 of 2014, under Sections 498A, 304B IPC and Section ¾ Dowry Prohibition Act, P.S. Chandpa, District Hathras, whereby the applicants have been convicted under Section 302/34 IPC and sentenced to imprisonment for life with a fine of Rs. 10,000/- each and in default to undergo 6 months additional simple Imprisonment.
3. All the three sessions trials were consolidated with S.T. No. 493 of 2014, State v. Arjun Singh and the another, which was mentioned as leading case.
4. The factual scenario as emerged out from the FIR (Ext. K-3) i
The main legal point established in the judgment is the reliance on dying declaration as a sole basis for conviction under Section 302/34 of IPC, the interpretation of Section 498A of IPC, and the ap....
The dying declaration was the sole basis for conviction, and the distinction between 'murder' and 'culpable homicide not amounting to murder' under Section 299 and 300 of the Indian Penal Code was cr....
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....
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.
It is quite clear that if dying declaration dying declaration is absolutely credible and nothing is brought on record that deceased was in such a condition, he or she could not have made a dying decl....
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.
Dying declarations must be consistent for legal value; inconsistent declarations undermine grounds for conviction under dowry death charges.
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