Orissa High Court Upholds Life Sentence Of Man Convicted For Murder Of ‘8 Yrs Old Child’ Basing Upon His Dying Declaration
Case: Tukuna @ Tankadhar Swain v. State of Odisha
Coram: Chief Justice Dr. S. Muralidhar and Justice Chittaranjan Dash
Case No.: JCRLA No. 7 of 2011
Court Observation: “The viscera contained organophosphorous insecticidal poison. This clinched the fact that the cause of death was due to poisoning. The previous enmity and quarrel with the father of the deceased supplied motive for the crime and that too has been established by the prosecution. The trial Court has noticed the conduct of the accused who absconded soon after the death of the deceased till he was apprehended. This was an additional link in the chain of circumstances.”
“Now, on the aspect, whether in the absence of any corroborative evidence, there can be a conviction relying upon the dying declaration only is concerned, the decision of this Court in the case of Munnu Raja & Anr.(supra) and the subsequent decision in the case of Paniben (Smt) V. State of Gujarat, are required to be referred to. In the aforesaid decisions, it is specifically observed and held that there is neither a rule of law nor of prudence to the effect that a dying declaration cannot be acted upon without a corroboration. It is observed and held that if the Court is satisfied that the dying declaration is true and voluntary it can base its conviction on it, without corroboration.”
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Keywords
Convicted For Murder
