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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
RAJAN ROY, RAJEEV BHARTI
Sujeet – Appellant
Versus
State of U.P. Thru. Prin. Secy. Home, Lucknow – Respondent
| Table of Content |
|---|
| 1. background of the case and initiation of investigation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. details of medical examination and death. (Para 10 , 11) |
| 3. key issues for consideration. (Para 12 , 13 , 14) |
| 4. reliance on dying declaration. (Para 16 , 17) |
| 5. arguments made by counsel. (Para 18 , 19 , 20 , 21 , 22) |
| 6. court's evaluation of the reliability of evidence. (Para 23 , 24) |
| 7. judicial standards for dying declarations. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 8. necessity of voluntary and truthful statements. (Para 32 , 33) |
| 9. errors in the recording process affecting reliability. (Para 34 , 35 , 36 , 37) |
| 10. conclusion on the legal standard of proof. (Para 38 , 39 , 40) |
| 11. final judgment and implications. (Para 41 , 42 , 43 , 44 , 45) |
| 12. outcome of the appeal and release order. (Para 46 , 47 , 48 , 49) |
Judgment :
Rajeev Bharti, J.
1. The present criminal appeal under Section 374 (2) Cr.P.C. has been filed by the accused/appellant, namely, Sujeet s/o Nanhke, r/o Mohalla Haniya Tola, Police Station- Kheri, District- Lakhimpur Kheri challenging the judgment and order 06.05.2022 passed by the learned Sessions Judge, Lakhimpur Kheri in S.T. No.15 of 2019, arising out o
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.
A dying declaration must be made when the victim is in a fit mental state; mere consciousness is insufficient for reliability.
Dying declarations must be substantiated by medical fitness certifications and corroborating witness accounts; failure to do so undermines their reliability leading to altered convictions.
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
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 must be supported by evidence of the declarant's mental fitness; absence of such certification undermines its reliability as a basis for conviction.
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