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VIVEK RUSIA, SHAILENDRA SHUKLA
RAGHURAM @ RAGHORAM S/o CHHOGALAL BALAI – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
JUDGMENT SHAILENDRA SHUKLA, J. : – This appeal under section 374, Criminal Procedure Code has been preferred against the judgment dated 3-3-2009 passed by the Addl. Sessions Judge, Badwah, West Nimar (M.P.) in S.T. No. 144/2008, whereby the appellant has been convicted under section 302 of Indian Penal Code and sentenced to Life Imprisonment with fine of Rs. 200/-. In lieu of payment of fine amount, the appellant has been directed to undergo one month’s additional imprisonment.
2. Admitted facts are that deceased Subhadra Bai is the wife of appellant Raghuram and witnesses Kavita and Roshani are the children of appellant and the deceased.
3. The prosecution story in short is that on 4-6-2008 at about 10.20 P.M. Subhadra Bai, wife of the appellant, was brought to Government Hospital at Sanawad in burnt condition. She was found to have suffered 100% burns, there was smell of kerosene coming from her body and clothes. The doctor on duty recorded her dying declaration, in which she levelled allegations against the appellant i.e. her husband as the one who had poured kerosene over her and burnt her. She was referred to M.Y. Hospital, Indore, where she succumbed to her injuries at 12.30
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 admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
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....
The reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
The admissibility of dying declaration and the determination of the appropriate legal provision for the conviction based on the nature of the offence and the actions of the accused.
Dying declarations can serve as sole basis for conviction if deemed reliable, conscious, and voluntary.
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