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ASHWANI KUMAR MISHRA, GAUTAM CHOWDHARY
Maor Singh @ Mohar Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ashwani Kumar Mishra, J.
1. These appeals are directed against the judgment and order of conviction and sentence dated 8.3.2022, passed by the Additional Sessions Judge/Special Judge (E.C. Act), Mainpuri, in Session Trial No. 296 of 2016 (State Vs. Rani and another), arising out of Case Crime No.46 of 2016, Police Station Elaau, District Mainpuri, whereby the accused appellants Rani and Maor Singh alias Mohar Singh have been convicted and sentenced to life imprisonment alongwith fine of Rs.30,000/-, each, under Section 302/34 IPC and on failure to deposit fine to undergo additional rigorous imprisonment for one year; three years imprisonment alongwith fine of Rs. 5,000/-, each, under Section 452 IPC and on failure to deposit fine to undergo additional imprisonment for two months; and under Section 504 IPC to undergo one year imprisonment alongwith fine of Rs. 2000/-, each, and on failure to deposit fine to undergo one month additional imprisonment. All the sentences are directed to run concurrently.
2. Incident giving rise to this appeal occurred on 12.2.2016 when the informant had gone to Saifai Hospital for the treatment of his daughter leaving behind his wife at home. In
The prosecution must establish guilt beyond reasonable doubt, particularly when relying on dying declarations that contain inconsistencies and lack corroborative evidence.
[A dying declaration can serve as the sole basis for conviction if it is found to be voluntary, coherent, and made in a fit mental state, even in the presence of minor inconsistencies.]
A dying declaration can serve as the sole basis for conviction if it is credible and corroborated, emphasizing its legal admissibility in murder cases.
Dying declarations can serve as the sole basis for conviction if they are consistent and credible; however, inconsistencies and lack of corroborative evidence can lead to reasonable doubt and acquitt....
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
The court reiterated the principles governing the admissibility and evidentiary value of dying declarations, emphasizing the need for careful scrutiny to ensure their genuineness and reliability.
Dying declarations can only support a conviction if consistent and made in a fit mental state; inconsistencies create reasonable doubt.
Dying declarations must be voluntary and inspire confidence; the first declaration identifying the husband as responsible was deemed more authentic than the second, implicating family members, which ....
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