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ARVIND SINGH SANGWAN, MOHD. AZHAR HUSAIN IDRISI
Jaydevi Saroj – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Per Hon'ble Arvind Singh Sangwan,J.)
1. The present appeal has been filed challenging the judgment of conviction and order of sentence dated 01.08.2018, passed by learned Additional & Sessions Judge, Court No.2, Jaunpur in Sessions Trial No. 254 of 2013, arising out of Case Crime No. 133 of 2013, by which the appellant was held guilty of offence under Section 302 I.P.C. and awarded her life imprisonment along with a fine of Rs. 5,000/- and in default of payment of fine to further undergo one year rigorous imprisonment.
2. The Trial Court’s record is received and paper books are ready.
3. Heard Ms. Mary Puncha Sheeba Jose, Advocate assisted by Sri Mohd. Kalim, learned counsel for the appellant as well as learned AGA for the State and perused the record.
4. With the assistance of learned counsel for the parties, the entire evidence is re-scrutinized and re-appreciated.
5. The FIR dated 9.4.2013 was registered at the instance of informant-Akhilesh Kumar and read as under:
6. After registration of the FIR, the police started the investigation and recorded the statement of the witnesses.
7. One Nagendra Kumar Singh, S.D.M. recorded the statement/dying declaration of the victim, Ex.K
The Dying Declaration must be credible and corroborated; in this case, it was deemed unreliable due to contradictions and lack of supporting evidence.
The court emphasized the necessity of corroborating dying declarations and established that dowry-related cruelty leading to death constitutes an offence under Section 304B IPC.
The admissibility and evidentiary value of Dying Declarations, as governed by Section 32(1) of the Evidence Act and the principles established in relevant case law, were central to the judgment.
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 admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
The evidentiary value of a dying declaration is undermined by doubts regarding the deceased's mental state and reliability during its recording, rendering conviction unsafe without corroborative evid....
: Conviction can be recorded solely on the basis of dying declaration and there is no need of corroborative evidence provided dying declaration is voluntary.
The credibility of a dying declaration is not affected by the percentage and degree of burns suffered by the deceased, and the only considerations are the voluntariness and fitness of the declarant's....
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