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G. S. AHLUWALIA, DEEPAK KUMAR AGARWAL
Raghuvir – Appellant
Versus
State of M. P. – Respondent
JUDGMENT :
G.S. AHLUWALIA J.
1. This Criminal Appeal under Section 374 of Cr.P.C. Has been filed against the judgment and sentence dated 26-7-2010 passed by Sessions Judge, Morena in Sessions Trial No. 143 of 2009, by which the appellant has been convicted under Section 302 of IPC and has been sentenced to undergo Life Imprisonment.
2. The necessary facts for disposal of present appeal in short are that Shobharam, the husband of the deceased brought the injured Smt. Sonkali to the hospital in burnt condition and an information was sent to Police Station Civil Lines, Morena. Accordingly, a Dehati Nalishi, Ex. P.3 was recorded in the hospital. It was disclosed by the injured Smt. Sonkali that She was married to Shobharam about 12 years back. Gauna ceremony took place after 5 years of marriage. She gave birth to 2 daughters who have already expired. Her Devar (appellant) used to scold her that the injured has spoiled the family and her father has taken Rs. 10,000 which he is not returning back. At about 8:00 P.M., She was inside her room. Her Devar came there and started abusing her. When She objected to it, then he set her on fire after pouring kerosene oil on her. After hearing her scr
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
Dying declarations can constitute sole evidence for conviction if found voluntary and truthful; the burden of proof for alibi rests solely with the appellant.
The admissibility and reliability of dying declarations, the scrutiny required for their acceptance, and the weightage to be attributed to the evidence of hostile witnesses were the central legal pri....
The reliability of a dying declaration is critical for conviction; procedural lapses and contradictions can lead to acquittal when benefits of doubt favor the accused.
A dying declaration can serve as the sole basis for conviction if it is credible and free from infirmities; however, significant discrepancies and doubts regarding its reliability necessitate caution....
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