Back
ASHWANI KUMAR MISHRA, GAUTAM CHOWDHARY
Israr – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ashwani Kumar Mishra, J.
1. This criminal appeal has been preferred by the accused appellant-Israr challenging the judgment and order dated 23.04.2019, passed by the Sessions Judge, Meerut in Sessions Trial No.597 of 2010 (State Vs. Israr), arising out of Case Crime No.83 of 2010, under Section 302 IPC, Police Station–Bhawanpur, District–Meerut, whereby he has been sentenced to life imprisonment along with fine of Rs.10,000/- and in default of payment of fine to undergo one year simple imprisonment.
2. Briefly stated the prosecution case is that an incident occurred on 22.02.2010 at about 5.00 p.m. in which the deceased has been done to death by the accused appellant by pouring kerosene and setting her ablaze. The report in respect of the incident has been lodged by the father of the deceased on 7th of March, 2010. This report is the basis of lodging of the first information report as Case Crime No.83 of 2010 on 8th of March, 2010. The written report has been exhibited as Ex.Ka-2, which records that informant’s daughter got married to one Naeem, who is a resident of village Aurangabad, Police Station Bhawanpur, District Meerut. The accused wanted to marry the deceased and w
The court emphasized that a dying declaration must be corroborated and reliable; procedural irregularities and delays in lodging the FIR can undermine its credibility.
A dying declaration must be made when the victim is in a fit mental state; mere consciousness is insufficient for reliability.
The prosecution must establish guilt beyond reasonable doubt, particularly when relying on dying declarations that contain inconsistencies and lack corroborative evidence.
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.
Dying declarations can be relied upon for conviction if consistent and free from blemishes, even in the absence of further corroborative 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.
A dying declaration can support a murder conviction if recorded properly and inspires confidence, irrespective of corroboration, considering the surrounding circumstances.
Dying declarations can be the sole basis for conviction if credible, but inconsistencies and the circumstances of their recording can undermine their reliability.
Convictions based primarily on dying declarations are deemed unsafe without corroborative evidence, especially where doubts about the reliability of such statements exist.
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
