Accused can be punished on basis of dying declaration: Alld HC
Punishment could be awarded to an accused on the basis of a dying declaration even in the absence of corroborative evidence.
Allahabad: Punishment could be awarded to an
accused on the basis of a dying declaration even in the
absence of corroborative evidence, provided the declaration
has been made in accordance with law and the mental condition
of the deceased prior to death had been sound, the Allahabad
High Court said today.
The judgement was passed by a Division Bench comprising
Justice Rakesh Tiwari and Justice A K Roopanwal while
dismissing the appeal of Moolchand alias Kallu of Jhansi, who
had challenged the life sentence awarded to him by the
Sessions Court for burning alive his wife over a decade ago.
Kallu`s wife Sheela had lodged an FIR in Navabad police
station in May 1996, where she had reached with severe burn
She had accused her husband of having set her afire after
pouring kerosene in a fit of rage.
The victim succumbed to her injuries at a hospital later
after reiterating the allegations in her dying declaration.
Kallu had challenged his life sentence on the ground that
it was awarded on the basis of his wife`s statement alone,
ignoring the statement given by their daughter during the
trial, who had said that her mother had "accidentally" caught
However, the court rejected his plea and upheld the life
sentence awarded by the Sessions Court.