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ARVIND SINGH SANGWAN, MOHD. AZHAR HUSAIN IDRISI
Babli – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Per Hon'ble Arvind Singh Sangwan,J. )
1. These appeals have been filed by the appellants challenging the judgment of conviction dated 10.01.2020, passed by learned Additional Sessions Judge, FTC, Court No.2, Bulandshahar holding the appellants Babli, Jaiprakash, Vimla, Raju and Kamal guilty of offence punishable under Sections 302/34 I.P.C., and appellants Babli, Jaiprakash, Vimla, Raju under Sections 498A of IPC and Section 3 & 4 of Dowry Prohibition Act and order of sentence of the same date sentencing appellants for life imprisonment under Section 302/34 of IPC with fine of Rs.20000/- each and in case of default in payment of fine, further to undergo six months simple imprisonment each, under Sections 498A, appellants Babli, Jaiprakash, Vimla, Raju, three years rigorous imprisonment with fine of Rs. 3000/- each and in case of default in payment of fine, further to undergo one month’s simple imprisonment, under Section 3 of Dowry Prohibition Act, appellants Babli, Jaiprakash, Vimla, Raju, three years rigorous imprisonment with fine of Rs. 3000/- each and in case of default in payment of fine, further to undergo one month’s simple imprisonment and under Section 4 of Dowr
The court ruled that a dying declaration must be corroborated by reliable evidence, and doubts regarding the victim's mental fitness undermine its credibility.
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 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 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....
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.
Where there are more than one statement in the nature of dying declaration, one first in point of time must be preferred. Of course, if the plurality of dying declaration could be held to be trustwor....
Dying declarations must be substantiated by medical fitness certifications and corroborating witness accounts; failure to do so undermines their reliability leading to altered convictions.
The central legal point established in the judgment is the requirement to prove dowry demand for conviction under Section 498-A I.P.C. and the scrutiny of the dying declaration and medical evidence f....
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