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SIDDHARTH, RAM MANOHAR NARAYAN MISHRA
Sunil Kumar – Appellant
Versus
State – Respondent
JUDGMENT
Ram Manohar Narayan Mishra, J.
Instant Criminal Appeals have arisen out of common impugned judgment and order dated 30.03.1991 passed by III rd Additional Session Judge, Jaunpur in ST No.18 of 1989 arising out of Case Crime No.463 of 1988, under Sections, 302, 498A of IPC, P.S. Kotwali, District, whereby appellant Sunil Kumar has been convicted of charge under Section 302/149 and Section 498A IPC, and appellants Smt. Paro Devi and Bal Kishun are convicted for charge under Section 304B IPC. The appellant Sunil Kumar has been sentenced to life imprisonment for offence under Section 302 IPC and three months rigorous imprisonment for charge under Section 149 IPC, his further sentence is two years rigorous imprisonment for charge under Section 498A IPC and Rs. 5, 000/- fine with default stipulation. Accused Smt. Paro Devi and Bal Kishun are sentenced to ten years rigorous imprisonment for charge under Section 304B IPC. All the sentences are directed to run concurrently. Accused/appellants are admitted to bail during pendency of appeal.
2. Heard Sri. Rajrshi Gupta, learned counsel for the appellant and Sri. C.L. Singh, learned A.G.A.-I for the State-respondent and perused the mat
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 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.
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....
The Dying Declaration must be credible and corroborated; in this case, it was deemed unreliable due to contradictions and lack of supporting evidence.
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 prosecution must prove beyond reasonable doubt the essential elements of dowry death, including the timing of the marriage and the link between dowry demands and the death, as well as the decease....
For a conviction under S.304-B, evidence of recent cruelty or harassment is essential; absence of such evidence leads to acquittal.
The dying declaration was the sole basis for conviction, and the distinction between 'murder' and 'culpable homicide not amounting to murder' under Section 299 and 300 of the Indian Penal Code was cr....
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
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