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SUBODH ABHYANKAR, SATYENDRA KUMAR SINGH
MOHAN S/o CHHITUJI – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
JUDGMENT SUBODH ABHYANKAR, J. : – This criminal appeal has been filed by the appellant Mohan under section 374(1) of Criminal Procedure Code against the judgment dated 14-6-2012 passed in Sessions Trial No. 114.2011 by the Second Additional Sessions Judge, Khargone, District-Khargone whereby finding the appellant guilty, the learned Judge of the trial Court has convicted him as under : –
| Conviction | Sentence | |||
| Section | Act | Imprisonment | Fine | Imprisonment in lieu of Fine |
| 302 | IPC | Life Imprisonment | Rs.25,000/ - each | 1 Year R.I. |
| 498-A | IPC | 1 Year RI | - | - |
2. In brief, the facts giving rise to the present appeal are that on 15-9-2008 when the appellant and his wife Dhapai Bai were at their home, at that time, the appellant poured kerosene over her and set her ablaze who died in the hospital while being treated. Her MLC was prepared and intimation was also sent to the police and her dying declaration (Ex. P/17) was also recorded by the Executive Magistrate (PW/14) Shankarlal Singade. Thus the entire case of the prosecution revolves around the said dy
The sufficiency of a dying declaration to establish guilt, as per the principles governing dying declarations.
Dying declarations may serve as the sole basis for conviction if deemed voluntary, consistent, and credible; inconsistencies must be assessed in light of surrounding facts.
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
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 be the sole basis for conviction if found to be voluntary and credible, regardless of minor inconsistencies.
In case, there are multiple dying declarations and there are inconsistencies between them, generally, the dying declaration recorded by the higher officer like a Magistrate can be relied upon, provid....
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