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ARVIND SINGH SANGWAN, MOHD. AZHAR HUSAIN IDRISI
Dilawar Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Arvind Singh Sangwan, J.
1. The present appeals have been filed against the judgment of conviction dated 9.7.2019 passed by Additional Sessions Judge, Court No. 8, Firozabad in ST No. 392 of 2012 (Case Crime No. 239 of 2012), Police Station – Utter, Firozabad by which the appellants were convicted of charge under Sections 498-A, 304-B IPC, read with Section ¾ of the Dowry Prohibition Act. Accused-appellant, Dilawar Singh, was sentenced to undergo life imprisonment under Section 304-B IPC whereas accused-Jagat Singh and Virendra Singh were sentenced to undergo 10 years of rigorous imprisonment. Under Section 498A of IPC, all the accused were awarded two years of imprisonment with fine of Rs. 5000/- each. In case of default of payment of fine, they were directed to further undergo imprisonment for one month each. Under Section 4 of the Dowry Prohibition Act, the appellants were directed to undergo two years imprisonment with fine of Rs. 5000/- each and in default of payment of fine, they have to undergo one month further imprisonment. All the sentences were ordered to run concurrently.
2. Heard Sri Yogesh Kumar Srivastava, learned counsel for the appellant, Sri Arun Kumar Sin
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 court ruled that a dying declaration must be corroborated by reliable evidence, and doubts regarding the victim's mental fitness undermine its credibility.
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....
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....
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
Dying declarations can only support a conviction if consistent and made in a fit mental state; inconsistencies create reasonable doubt.
witnesses of both the sides (prosecution and the defence) sail on the same boat both have to be given same treatment at par to appraise on the touchstone of credibility and truthfulness which has not....
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