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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
RAJESH SINGH CHAUHAN, INDRAJEET SHUKLA
Manish – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
INDRAJEET SHUKLA, J.
1. For the sake of explication, the instant judgement is set out in the following parts:
INDEX
| Serial No. | Heading | Page Nos. |
| 1. | Factual Matrix | 02-02 |
| 2. | Prosecution case in nutshell | 02-05 |
| 3. | Scope of Criminal Appeal against conviction | 06-07 |
| 4. | Prosecution evidence | 07-10 |
| 5. | Dying declaration | 10-18 |
| 6. | Submission of parties (I) Contentions raised on behalf of the appellant | 18-20 |
| (II) Submissions advanced on behalf of the State | 20-27 | |
| 7. | Statutory perceptions and authoritative pronouncements | 27-33 |
| 8. | Analysis and Reasoning | 33-54 |
| 9. | Conclusion | 54-54 |
| 10. | Proportionality of Sentence | 55-61 |
FACTUAL MATRIX
1. Convicted and sentenced for the one of the most depraved offences i.e., burning of his wife who was carrying pregnancy of eight months, consequently death of an unborn child in mother’s womb, the appellant is before this Court.
2. Under challenge is conviction and sentence recorded under Section 302 IPC for life imprisonment and fine to the extent of Rs.20,000/-, further with default stipulation i.e. six months additional imprisonment, rendered vide impugned judgment and order dated 15.02.2019 passed by Additional Sessions Judge/Fast Track Court (New), Sitapur in Sessions Trial No.775/2011 arisin
The reliability of dying declarations and the application of the fourth exception to Section 300 of IPC in cases of sudden quarrel and heat of passion.
The main legal point established in the judgment is the reliance on dying declaration as a sole basis for conviction under Section 302/34 of IPC, the interpretation of Section 498A of IPC, and the ap....
The dying declaration was the sole basis for conviction, and the distinction between 'murder' and 'culpable homicide not amounting to murder' under Section 299 and 300 of the Indian Penal Code was cr....
Section 299 of Indian Penal Code read as culpable homicide.
The court confirmed that a dying declaration can be the sole basis for conviction if found credible, and the intentional act of setting a spouse ablaze constitutes murder, not mere culpable homicide.
It is quite clear that if dying declaration dying declaration is absolutely credible and nothing is brought on record that deceased was in such a condition, he or she could not have made a dying decl....
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