Back
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
RAJAN ROY, RAJEEV BHARTI
Sujeet – Appellant
Versus
State of U.P. Thru. Prin. Secy. Home, Lucknow – Respondent
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 of Crime No.198 of 2018, Police Station- Kheri, District- Lakhimpur Kheri, convicting and sentencing the appellant to undergo life imprisonment under Section 302 I.P.C. with a fine of Rs.5,000/-. In default of payment of fine to further undergo one month simple imprisonment. The accused/appellant was acquitted from the charges under Sections 498-A, 304-B I.P.C. and Section 4 of D.P. Act. The alternate charge under Section 302 I.P.C. was found proved. The appellant is in jail. He remained incarcerated for 8 years, 01 month and 08 days with remission as per Report dated 18.11.2025.
Factual Matrix of the case
2. Prosecution story, in brief, is that the deceased Hema, wife of the appellant, was subjected to cruelty for dowry and was set on fire on 16.06.2018, as a result she succumbed to her burn injuries on 05.07.2018. The compl
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.
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
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
