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ASHWANI KUMAR MISHRA, GAUTAM CHOWDHARY
Shahrukh Khan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Per : Hon’ble Ashwani Kumar Mishra, J.)
1. This appeal is directed against the judgment and order of conviction dated 16.07.2022 passed by learned Additional District and Session Judge, Court No. 10, Aligarh in Session Trial No. 257 of 2019 (State Vs. Shahrukh Khan and another), arising out of Case Crime No. 403 of 2018, under Sections 498A, 304-B I.P.C., in alternative under Sections 302, 323, 307 I.P.C. read with Section 3/4 of Dowry Prohibition Act, Police Station Chandaus, District Aligarh, whereby both the accused-appellants, Shahrukh Khan and Anjum, who are husband and mother-in-law of the deceased respectively, have been convicted and sentenced to life imprisonment under Section 302 I.P.C. along with a fine of Rs. 10,000/- and on failure to deposit the fine to undergo additional simple imprisonment of six months, and six months simple imprisonment along with a fine of Rs.1,000/- and on failure to deposit the fine to undergo additional simple imprisonment for one month.
2. The father of the deceased, Yaseen Khan lodged a written report on 21.12.2018, stating that his daughter Ruksar got married to the accused-Shahrukh Khan on 17.05.2018 as per Muslim traditions and c
A dying declaration must be made when the victim is in a fit mental state; mere consciousness is insufficient for reliability.
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 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 admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
The court emphasized that a dying declaration must be corroborated and reliable; procedural irregularities and delays in lodging the FIR can undermine its credibility.
Dying declarations must be substantiated by medical fitness certifications and corroborating witness accounts; failure to do so undermines their reliability leading to altered convictions.
Dying declarations can serve as the sole basis for conviction if they are proven to be reliable, but lack of corroboration or inconsistencies can lead to acquittal.
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
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