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HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA DHARI SINGH, DEVENDRA SINGH-I
Bhanwarkali – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing of appellants. (Para 1 , 2) |
| 2. facts surrounding the incident and initial reporting. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. defects in the prosecution's case. (Para 18 , 19 , 20) |
| 4. definition and importance of dying declarations. (Para 28 , 29 , 30 , 31) |
| 5. conditions under which a dying declaration is admissible. (Para 35 , 50) |
| 6. final decision and directions for further actions. (Para 69 , 71) |
JUDGMENT :
Chandra Dhari Singh, J.
1. This Criminal Appeal has been filed against a judgement and order dated 12.09.1985 passed by the Fourth Additional Sessions Judge, Meerut in ST No. 319 of 1980 whereby the learned Judge convicted and sentenced the appellants Bhanwarkali and Shyam Kali to imprisonment for life and a fine of Rs. 2,000/- each under section 302/34 IPC and in case of default in payment of fine, they shall further undergo imprisonment for three months.
2. Pursuant to the order of this Court dated 02.02.2026, criminal appeal filed on behalf of the appellant Bhanwarkali has been disposed of as abated and now this Court is only concerned with the appeal of Shyam Kali.
Facts of the case
3. The facts that formed the bedrock of the present appeal ar
The court established that a dying declaration, when properly recorded and corroborated, is admissible and sufficient for conviction, despite procedural concerns regarding its recording.
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 admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
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.
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