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ASHWANI KUMAR MISHRA, SHIV SHANKER PRASAD
Lokesh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Ashwani Kumar Mishra, J.
This criminal appeal is directed against the impugned judgment and order dated 11th February, 2015 passed by the Additional Sessions Judge, Court No. 3, Hathras in Session Trial No. 97 of 2013 (State of U.P. v. Lokesh and others), arising out of Case Crime 296 of 2007, whereby accused-appellants-Lokesh, Dani and Indra have been convicted and sentenced for one year rigorous imprisonment each for the offence under Section 452 I.P.C. with fine of Rs. 1,000/- each, in default thereof, to further undergo one month each additional imprisonment; life imprisonment for the offence under Section 302/34 I.P.C. with fine of Rs. 5,000/- each, in default thereof, to further undergo, three months additional imprisonment; and ten years rigorous imprisonment for offence under Section 376 I.P.C. each with fine of Rs. 5,000/-, in default thereof, to further undergo three months each additional imprisonment, with an observation that all the sentences are to run concurrently.
2. We have heard Mr. Araf Khan, learned counsel appearing for the accused-appellants and Mr. Aruendera Singh, learned A.G.A. for the State as also perused the entire materials available on
A dying declaration must be corroborated by reliable evidence, particularly regarding the victim's mental state, to be admissible in court.
In cases of doubt, the proposition in favor of the accused should be accepted, and the accused should be given the benefit of the doubt.
Dying declarations can constitute sole evidence for conviction if found voluntary and truthful; the burden of proof for alibi rests solely with the appellant.
The dying declaration made by the deceased was voluntarily made and in a conscious state of mind, and it was supported by witness testimonies, medical and forensic evidence, leading to the conviction....
Dying declarations must be consistent and reliable, as they can form the sole basis for conviction only if they inspire full confidence and are free from inconsistencies.
The court established that inconsistent dying declarations can undermine the prosecution's case, necessitating a careful evaluation of their credibility.
The court ruled that a dying declaration must be credible and recorded under proper conditions; discrepancies and lack of corroborative evidence led to the acquittal of the appellant.
The court determined that inconsistent dying declarations and lack of corroborating evidence preclude conviction, emphasizing the burden on prosecution to prove guilt beyond a reasonable doubt.
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.
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