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VIVEK RUSIA, BINOD KUMAR DWIVEDI
Abrar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Dwivedi, J. -- 1. This Criminal Appeal is directed against the judgment dated 28.8.2014 passed by III Additional Sessions Judge, Ujjain in Sessions Trial No. 92/2014 whereby the appellant has been convicted for the offence punishable under sections 302 and 449 IPC and sentenced to undergo imprisonment for life with fine of Rs.1,000/- in each of the offence with default stipulation.
2. The prosecution story briefly stated is that information was received by Police Station Banganga Indore from Sainik 326 Sanjay Parmar that deceased Arbina who was admitted in Aurobindo Hospital on 8.12.2013 at about 11:50 by her brother Arshad Mohd. on account of burn injuries, died on 9.12.2013 at about 5:45 pm. On this information, merg No.70/2013 (Ex.-P/14) was registered and inquiry was set in motion. It was found that deceased Arbina lodged Dehati Nalishi (Ex.P/12) on 4.12.2013 at 10:30 pm at Burn Ward, District Hospital, Ujjain recorded by Sub Inspector Rohit Yadav (PW-10) mentioning that she has four brothers and four sisters. Accused Abrar was his neighbor and she was having love affair with him. Appellant wanted to marry her. On the aforesaid date in the afternoon, Abrar gave him mobi
Dying declarations can constitute sole evidence for conviction if found voluntary and truthful; the burden of proof for alibi rests solely with the appellant.
A dying declaration can serve as the sole basis for conviction if it is credible and corroborated, emphasizing its legal admissibility in murder cases.
The judgment establishes that multiple inconsistent dying declarations cannot serve as a reliable basis for conviction in a murder case, emphasizing the need for corroborative evidence.
Criminal Law - Criminal Trial - Accused set deceased on fire with the intention to kill her - Plea of alibi - When presence of the accused at the scene of occurrence is established satisfactorily by ....
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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