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SUJOY PAUL, BINOD KUMAR DWIVEDI
Sanjay Ahirwar S/o Shri Mahesh Ahirwar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
SUJOY PAUL, J.
1. This criminal appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 assails the judgment dated 29/03/2016 passed in Sessions Trial No. 412/2013 decided by learned Additional Sessions Judge, Jabalpur whereby appellant was held guilty for committing offence under Section 302 of IPC and directed him to undergo sentence of Life imprisonment with fine of Rs. 1000/- with default stipulation.
2. In short, the case of prosecution is that deceased Jyoti is the wife of present appellant. The appellant allegedly poured Kerosene on Jyoti and set her ablaze. There are multiple dying declarations in this matter.
3. First dying declaration (Ex.P/19) was recorded on 17/03/2013 at 11:40 P.M. by Sub-Inspector Rajkumar Tiwari (PW-15). Second dying declaration (Ex.P/11) was recorded by Dr. A.K. Verma (PW-8) on 18/03/2013 at about 02:30 A.M. and the third dying declaration (Ex.P/12) was recorded by Smt. Rashmi Chaturvedi-Executive Magistrate/Tahsildar, Omti, Jabalpur (PW-11) on 18/03/2013 at about 11:25 P.M.
4. Dehati Nalishi (Ex.P/18) was recorded at the instance of deceased Jyoti by Rajkumar Tiwari (PW-15). This Dehati Nalishi (Ex.P/18) was recorded on 17/0
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 may serve as the sole basis for conviction if deemed voluntary, consistent, and credible; inconsistencies must be assessed in light of surrounding facts.
Dying declarations can be the sole basis for conviction if found to be voluntary and credible, regardless of minor inconsistencies.
A dying declaration can serve as the sole basis for conviction if it meets the criteria of truthfulness, voluntariness, and absence of suspicion, as established by the Indian Evidence Act and relevan....
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