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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, C.J., BIBHU DATTA GURU
Sitaram Ravi, S/o. Jeetan Ravi – Appellant
Versus
State of Chhattisgarh, Through Police Station, Balrampur Ramanujganj (C.G.) – Respondent
| Table of Content |
|---|
| 1. facts surrounding sunita's injuries and death. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. appellant's arguments against evidence and conviction. (Para 10 , 11 , 14 , 15) |
| 3. court's observation on evidence and prosecution's case. (Para 12 , 13 , 17 , 18 , 19 , 20) |
| 4. legal principles governing dying declarations. (Para 32 , 33 , 34 , 35 , 36) |
| 5. final judgment acquitting the appellant. (Para 47 , 48 , 49 , 52 , 56) |
JUDGMENT :
Ramesh Sinha, C.J.
1. This criminal appeal is directed against the judgment of conviction and order of sentence dated 27.11.2024 passed by the Additional Sessions Judge, Ramanujganj, District- Balrampur-Ramanujganj (C.G.) in Sessions Trial No.89/2019, whereby learned Additional Sessions Judge has convicted the appellant for offence under Sections 498A of the IPC and sentenced him to undergo RI for 02 years and fine of Rs. 500/-, in default of payment of fine to further undergo RI for one month and under Sections 302 of the IPC and sentenced him to undergo RI for life and fine of Rs. 1000/-, in default of payment of fine to further undergo RI for three months.
2. The prosecution story in brief is that a report was lodged by Smt. Savita (PW-3) at the poli
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
Dying declarations can serve as the sole basis for conviction if deemed credible and made in a fit state of mind, as established in this case.
The court affirmed that a dying declaration can serve as the sole basis for conviction if it is credible, voluntary, and made in a fit state of mind.
A dying declaration can only serve as a basis for conviction if it is proven to be reliable and made in a fit mental state; otherwise, it cannot sustain a conviction.
The court upheld the convictions based on the reliability of the dying declaration and corroborative evidence, affirming the principles governing the admissibility of such declarations.
A dying declaration must be supported by evidence of the declarant's mental fitness; absence of such certification undermines its reliability as a basis for conviction.
A dying declaration must be certified by a medical professional regarding the declarant's mental fitness; failure to do so undermines its reliability as evidence in a murder conviction.
The dying declaration of the deceased, supported by medical evidence and circumstantial evidence, can be sufficient to establish guilt under Section 302 of IPC.
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