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SIDDHARTHA VARMA, MANISH KUMAR NIGAM
Radhey Jaiswal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Manish Kumar Nigam, J.
1. Criminal Appeal No. 437 of 2017 has been filed against the judgment and order of conviction dated 31.07.2014 passed by Additional Sessions Judge, Court No.4, Maharajganj and the sentence awarded on 25.08.2014 in Sessions Trial No. 18 of 2013 (State Vs. Radhey Jaiswal) and Sessions Trial No. 101 of 2013 (State Vs. Virendra @ Santosh Jaiswal and 3 others), whereby the sessions court has convicted Radhey Jaiswal (accused-appellant) in Sessions Trial No. 18 of 2013 (State Vs. Radhey Jaiswal) for offence punishable under Section 302 I.P.C. and sentenced him for life imprisonment and has ordered him to pay a fine of Rs.10,000/- (in default of payment of the fine, he had to further suffer rigorous imprisonment for a period of one year). The accused-appellants, Munna Jaiswal, son of Radhey and Sita Devi, wife of Munna Jaiswal, were also convicted by the sessions court in Sessions Trial No. 101 of 2013 (State Vs. Virendra @ Santosh Jaiswal and 3 others) for the offence punishable under Section 302 I.P.C. and sentenced them for life imprisonment and has ordered them to pay a fine of Rs.10,000/- (In case of default of the payment of fine, they had to further
A conviction cannot solely rely on a dying declaration unless it is proven to be voluntary and reliable, with the accused given a chance to explain incriminating evidence.
Inconsistent dying declarations cannot suffice for conviction without corroborating evidence, especially when procedural guidelines for a fair trial are not met.
The failure to put the contents of the dying declarations to the accused under Section 313 CrPC resulted in prejudice to the accused, and the dying declarations could not be used against him in the a....
A dying declaration is only valid if the victim was in a fit mental state to give it, which wasn't established; thus, conviction based solely on it is unsafe.
The court upheld the convictions based on the reliability of the dying declaration and corroborative evidence, affirming the principles governing the admissibility of such declarations.
The central legal point established in the judgment is the need for caution in relying on dying declarations, the importance of corroborative evidence, and the entitlement of the accused to the benef....
The reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
A dying declaration, while admissible as evidence, must be directly articulated by the victim and free from external influence; its absence risks a conviction based on unreliable testimony.
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