SHARDA versus STATE OF RAJASTHAN

SHARDA versus STATE OF RAJASTHAN

The first and second dying declarations, consistent and corroborated by medical evidence and witnesses, support the defense of accidental burning and do not implicate the appellant. The third dying declaration, being replete with overwritings and not inspiring confidence, is not reliable for sustaining the conviction under Section 302 IPC. Therefore, conviction solely based on the third dying declaration cannot be sustained.

Parties
Appellant: Sharda; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
15 December 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal From Conviction and Sentence Affirmed by High Court
Outcome
Appeal allowed. Conviction and sentence set aside.
Legal Topics
Dying Declaration, Section 302 IPC, Assessment of Evidence, Credibility of Witnesses
Criminal Law Dying Declaration Section 302 IPC Assessment of Evidence Credibility of Witnesses

Case Brief

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Parties

Sharda

Appellant

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal From Conviction and Sentence Affirmed by High Court

Legal Issues

  1. 1 Whether any of the three dying declarations of the deceased Sarla inspire confidence to sustain conviction of the appellant Sharda under Section 302 IPC.

Ratio Decidendi

The first and second dying declarations, consistent and corroborated by medical evidence and witnesses, support the defense of accidental burning and do not implicate the appellant. The third dying declaration, being replete with overwritings and not inspiring confidence, is not reliable for sustaining the conviction under Section 302 IPC. Therefore, conviction solely based on the third dying declaration cannot be sustained.

Court Disposition

Appeal allowed. Conviction and sentence set aside.

Orders

  • Appellant to be released forthwith if not required in any other case.