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VIVEK AGARWAL, DEVNARAYAN MISHRA
Chhoti Bai @ Rani B – Appellant
Versus
State Of Madhya Pradesh – Respondent
JUDGMENT :
This criminal appeal is filed being aggrieved with the judgment and order passed by the 13th Additional Sessions Judge Bhopal (M.P.) in S.T. No.746 of 2012 dated 28.02.2015 by which the appellants have been convicted for the offence punishable under Sections 302/34 of the Indian Penal Code and sentenced to suffer R.I. for Life Imprisonment each with fine of Rs.5,000/- each, in default further R.I. of one year.
2. In nutshell the case before the trial Court was that the appellant Chhotibai is the mother-in-law of the deceased, Shahid is his brother-in-law and Samreen is his sister-in-law. On 09.06.2012, he went to his in-laws' house to bring his wife back, on that, his wife said that she will come in evening. At 07:00 pm, he again went to his in-laws' house, the appellant no.1 mother-in-law started quarreling on the pretext that he had sold the ornaments of his wife, then the deceased stated that he was in need of money, thus he sold the ornaments of his wife, at that appellant no.2 Shahid Khan came there and dashed him as a result, the deceased fell down in the bathroom, on that, her sister-in-law Samreen poured petrol and Afreen threw a burning matchstick to set him on fi
Dying declarations can serve as the sole basis for conviction if corroborated by reliable evidence, and the prosecution must prove its case beyond reasonable doubt.
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 importance of consistent, coherent, and conscious dying declarations, the need for corroborative evidence, the victim's fit state of mind, and the prompt lodging of the FIR for conviction in case....
Dying declarations can be the sole basis for conviction if credible, but inconsistencies and the circumstances of their recording can undermine their reliability.
Dying declarations can serve as the sole basis for conviction if they are consistent and credible; however, inconsistencies and lack of corroborative evidence can lead to reasonable doubt and acquitt....
The reliability and consistency of dying declarations and the need for corroborative evidence to establish crucial elements of the crime.
A dying declaration can serve as the sole basis for conviction if it is credible, voluntary, and corroborated by other evidence, despite inconsistencies in earlier statements.
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