RAJENDRA KHATIK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal arises out of the judgment of conviction dtd. 29/9/2003 and the order of sentence dtd. 30/9/2003 in Sessions Trial Case No. 45 of 2000 whereby and whereunder learned Additional Sessions Judge IV, Bokaro convicted the appellant under Ss. 302/34 of the Indian Penal Code and sentenced him to undergo imprisonment for life under Sec. 302/34 of the Indian Penal Code with a fine of Rs.1,000.00.

(2.) The learned counsel appearing on behalf of the appellant submitted that there is no eye witness to the occurrence and the case is solely based on the dying declaration of the deceased. As per the learned counsel if the dying declaration is disbelieved, there remains no material to implicate this appellant in this case. As per her, the deceased was not in a position to give the dying declaration and if there is any doubt about the veracity of the dying declaration, conviction cannot be sustained. It would not be proper to convict the appellant solely on the basis of the dying declaration without corroboration. Admittedly there is no other corroborative evidence thus this appeal needs to be allowed.

(3.) The learned counsel for the State opposes the prayer and submitted that the dying declaration cannot be doubted. The evidence of the witnesses clearly suggests that the deceased was in a position to give a dying declaration. She also submitted that it is well settled that solely on the basis of the dying declaration conviction can also be sustained. As per the evidence of the doctor and the other witnesses the deceased was in a fit state of mind while giving the declaration. Thus this appeal be dismissed.