RAJENDRA S/O RAMDAS KOLHE versus STATE OF MAHARASHTRA

RAJENDRA S/O RAMDAS KOLHE versus STATE OF MAHARASHTRA

The written dying declaration Ex.59 was recorded on the day of the incident, was proved by PW-6, PW-12 and PW-13, the attending doctor certified the deceased was fit to give the statement, and despite minor inconsistencies in other witnesses the core of Ex.59 is credible and unimpeached; therefore Ex.59 is admissible and reliable and establishes the appellant's guilt beyond reasonable doubt for the offence under Section 302 read with Section 34 IPC.

Parties
Appellant: Rajendra S/o Ramdas Kolhe; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
15 May 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal to the Supreme Court (appeal From High Court of Bombay)
Outcome
Appeal dismissed
Legal Topics
Dying Declaration, Section 32(1) Indian Evidence Act, 1872, Conviction Based on Dying Declaration, Voluntariness and Reliability of Statements
Criminal Law Evidence Dying Declaration Section 32(1) Indian Evidence Act, 1872 Conviction Based on Dying Declaration Voluntariness and Reliability of Statements

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Parties

Rajendra S/o Ramdas Kolhe

Appellant

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal to the Supreme Court (appeal From High Court of Bombay)

Legal Issues

  1. 1 Whether the dying declaration Ex.59 was valid and admissible evidence
  2. 2 Whether a dying declaration, if reliable, can be the sole basis for conviction
  3. 3 Whether inconsistencies and improvements in prosecution witnesses' evidence impeach the core of the dying declaration

Ratio Decidendi

The written dying declaration Ex.59 was recorded on the day of the incident, was proved by PW-6, PW-12 and PW-13, the attending doctor certified the deceased was fit to give the statement, and despite minor inconsistencies in other witnesses the core of Ex.59 is credible and unimpeached; therefore Ex.59 is admissible and reliable and establishes the appellant's guilt beyond reasonable doubt for the offence under Section 302 read with Section 34 IPC.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed by the Supreme Court
  • Appellant directed to surrender before the trial court within two weeks to undergo sentence