Back
SIDDHARTHA VARMA, RAM MANOHAR NARAYAN MISHRA
Musafir Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Instant Criminal Appeal has been preferred by the appellant against the judgment and order dated 26.2.1983 passed by Shri Khem Karan Vth Additional Sessions Judge, Deoria in Sessions Trial No. 410 of 1981, convicting and sentencing the appellant for life imprisonment under Section 302 of IPC.
2. The alleged incident occurred on 05th July, 1981 at around 12:00 noon. The First Information Report with regard to the incident was got lodged at 03:30 p.m. at Police Station Rudrapur Deoria. The first informant who was 13 years old real brother of the deceased by the name of Vinod Kumar Yadav had narrated in the First Information Report that Ramakant the deceased and one Balwant were rectifying the boundaries of the field of Ramakant at around 10:00 a.m. in the morning, and at that point of time Suryabali their grand-father had asked them not to do so. Thereupon Ramakant went inside the house. Around two hours later, when the first informant Vinod Kumar Yadav was sitting on the thresh-hold of the house, Musafir son of Jamuna Yadav came on a motorcycle and called for Ramakant, who opened the door and went out to meet him. Upon seeing Ramakant the assailant who was a first cousin of
The court emphasized the necessity for rigorous scrutiny of dying declarations and eyewitness testimonies, particularly when inconsistencies arise, leading to the conclusion that the conviction was n....
The court emphasized the credibility of dying declarations as substantive evidence, modifying convictions based on the established intent and involvement of the accused in the crime.
The dying declaration, when found to be credible and supported by medical evidence and witness testimonies, can be the primary basis for conviction, even without the need for corroboration.
Dying declarations can alone sustain a conviction if deemed reliable and made in a fit state of mind, without corroborative evidence being strictly necessary.
The prosecution must establish guilt beyond reasonable doubt, particularly when relying on dying declarations that contain inconsistencies and lack corroborative evidence.
A dying declaration can be oral or in writing and in any adequate method of communication whether by words or by signs or otherwise will suffice provided indication is positive and definite.
The court established that a dying declaration, when properly recorded and corroborated, is admissible and sufficient for conviction, despite procedural concerns regarding its recording.
Criminal Law – Criminal Trial – Dying declaration – Admissibility of - Dying declaration was recorded by PW-7 within 12 hours of incident after taking certificate of doctor (E.M.O.). Doctor certified....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
