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AKIL KURESHI, ARINDAM LODH
Mubarak Sarkar, S/o. Late Munaf Miah Sarkar – Appellant
Versus
State of Tripura, represented by the Secretary, Home Department, Government of Tripura – Respondent
JUDGMENT :
Arindam Lodh, J.
This appeal is directed against the judgment and order of conviction and sentence dated 04.12.2018, passed by the learned Addl. Sessions Judge, Gomati Judicial District, Udaipur, in case No. S.T. 08(GT/A) of 2016 (T-1), whereby and whereunder, the appellant has been convicted and sentenced to suffer Rigorous Imprisonment [RI, for short] for life along with fine of Rs.10,000/-[Rupees ten thousand] for the offence committed under Section-302 of IPC and further to suffer RI for 5 years for the offence committed under Section-455 of IPC along with fine of Rs.5,000/-[Rupees five thousand] with default stipulations.
2. Briefly stated, one Habil Miah lodged a written complaint to the Officer-in-charge of Birganj Police Station, inter alia, stating that on 31.07.2015 at about 9.00 am when Hasina Begam was alone and watching TV, suddenly, Mubarak Sarkar, the accused-appellant herein, came out below the cot and gagged her mouth with his hands and put kerosene oil on her person setting her ablaze. She was almost completely burnt. Hearing hue and cry, her sister Dilwara Begam with her husband Khalil Miah had rushed to the spot. They took the victim to Amarpur Hospital
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 ....
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.
Dying declarations can be the sole basis for conviction if credible, but inconsistencies and the circumstances of their recording can undermine their reliability.
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