15 May 2024 Criminal Appeals & Suspension of Sentence >> Criminal Law   |   Evidence >> Criminal Law   |   Murder Homicide >> Criminal Law  

Rekha, a police constable, died tragically after being set on fire. Her husband, Rajendra Kolhe, was convicted for the crime but has appealed the decision.

Prosecutors based their case on witness testimonies, including police constables who arrived at the scene and Rekha's relatives who claim she named her husband and brother-in-law as the culprits. A written dying declaration by Rekha further supported this claim.

However, Kolhe's defense team argues inconsistencies. They point out discrepancies between witness statements given to police and their courtroom testimony. Additionally, they question the timing documented by a doctor on the dying declaration.

The court acknowledged the need for careful evaluation of dying declarations. Factors like the victim's condition, potential tampering, and supporting evidence were all considered.

In this case, the court deemed the dying declaration reliable, especially considering its alignment with medical records. Although witness statements contained discrepancies, these were not deemed significant enough to contradict the core narrative presented in the declaration and medical documents.

With the appeal dismissed, the husband's conviction for his wife's murder remains in place.

  Indian Evidence Act, 1872