Chandigarh: Ahead of Haryana-based Defendant-based prison who has raised his wife, the Punjab High Court and Haryana stated that if the court was satisfied that the dying declaration was true and voluntary, it could punish the defendant even without the defendant.
Even the main complainant in this case, the deceased brother, has turned into hostility.
“This is the law of trit that, if the court is satisfied that the dying declaration is true and voluntary it can base his beliefs, without being strengthened …” observes HC.
The division bench, consisting of justice Ajay Tewari and Justice Pankaj Jain from HC, passed this order while dismissing the appeal submitted by Sukhbir from the Palwal district in Haryana.
The applicant was disadvantaged by the assessment authorized by the judge’s session, Palwal, where he was punished in the FIR 170 on March 25, 2014, for the murder of his wife and was sentenced to life imprisonment.
The couple, who had two children, married in 2008 but they had a routine fight and the defendant used to beat him under the influence of liquor.
On March 24, 2014, around 6-7 in the afternoon, which was in a drunken country, began beating his wife Ranjana.
With the intervention of Sonu Mohanti’s complainant, which was Ranjana’s brother, he was saved.
Around 12 am the same day, the defendant burned it.
He was taken to Safdarganj Hospital, Delhi.
During treatment, the dying declaration was recorded where he confirmed that her husband had a prohibited relationship with his brother-in-law and had burned it.
During the trial, Mohanti, who was the deceased’s brother, changed hostile.
However, the court court held a guilty of allegations while relying on the dying declaration of the deceased.
The court of the trial observed that the declaration of victims who were dying when tested at the rate of acceptance were fully acceptable and there were no intrinsic weaknesses that could be shown in this statement.
Therefore, in my opinion, the same is worthy of reliable without being reinforced from other sources and while accepting the same, standing fully proves that the victim had died of burns caused by the defendant with the intention to kill him.
In this way he was proven to commit the victim’s murder, the court court had been held.
In his appeal to these commands, the defendant especially argued that the complainant who had been resold from his statement, the dying declaration was not enough to resist the applicant guilty.
Advice for the state argue that, according to the legal law, so court to the conclusion that the dying declaration is the correct version, it does not need to be strengthened.
After hearing the two parties, HC rejected the appeal that observed that the declaration of victims who were dying was proven with a note proving the guilt of the applicant.