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SUJOY PAUL, BINOD KUMAR DWIVEDI
Rajeshwar Alias Pappu Tiwari – Appellant
Versus
State of Madhya Pradesh Through Police Station Beohari, District Shahdol (Madhya Pradesh) – Respondent
JUDGMENT
1. This criminal appeal is filed under section 374(2) of Cr.P.C. assailing the judgment passed in Sessions Case No.143/11 dated 04.12.2014 whereby the appellant was held guilty for committing offence under Section 302 of IPC and directed to undergo sentence of life imprisonment with fine of Rs.50,000/- with default stipulation.
2. In short, the case of the prosecution is that the appellant is the husband of deceased Shashi Tiwari. Shashi Tiwari at the advance stage of pregnancy was staying with her parents. The appellant in the morning of 02.5.2011 at around 7:30 reached the house of his in-laws. He insisted that his wife should accompany him. As per prosecution story, she agreed to accompany the appellant. However, appellant quarrelled with the deceased and thereafter came out of the house, took a bottle full of petrol from his motorcycle, entered the room where his wife was sitting, poured petrol on her and set her ablaze. However, appellant's mother-in-law tried to save her daughter but her efforts went in vain. Father of Shashi also reached to the scene of crime and made an unsuccessful attempt to save her daughter. In that effort, his hands were also burnt.
3. Shashi Tiw
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.
The voluntary and truthful nature of dying declaration and the competency of a child witness to depose are crucial in establishing guilt and determining the appropriate criminal offense.
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....
Dying declarations can serve as sole basis for conviction if deemed reliable, conscious, and voluntary.
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