The State Of Madhya Pradesh vs Rohit Sonkar
2022 Latest Caselaw 1704 MP

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                                                         The High Court Of Madhya Pradesh
                                                                 MCRC No. 29529 of 2020
                                                                   (THE STATE OF MADHYA PRADESH Vs ROHIT SONKAR)

                                              Jabalpur, Dated : 07-02-2022
                                                        Heard through Video Conferencing.

                                                        Ms. Nalini Gurung, learned Panel Lawyer for the applicant-State.
                                                        Heard on the question of grant of leave to appeal.
                                                        The respondent is acquitted by Court below for committing offence

under Section 302 of Indian Penal Code.

Learned counsel for the applicant/State, by taking this Court to the

dying declaration (Exhibit-P/8), submits that it is trustworthy and credible evidence on the strength of which alone the conviction could have been recorded.

The attention of this Court is also drawn to the various paragraphs of the impugned judgment. It is prima-facie clear that Court below has acquitted the respondent solely because the relatives of the deceased turned hostile.

Learned counsel for the State argued that when the dying declaration was beyond shadow of doubt, this declaration alone was sufficient to record conviction. There was no need for any corroboration.

In our opinion, a case is made out for grant of leave. Accordingly, leave is granted.

The Registry shall convert this matter into an appeal. The bailable warrant of Rs.25,000/- (Rs. Twenty Five Thousand only) be issued to the respondent.

                                                 (SUJOY PAUL)                                      (ARUN KUMAR SHARMA)
                                                    JUDGE                                                 JUDGE

                                              Priya.P




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Digitally signed by priyanka pithawe mishra Date: 2022.02.08 13:05:12 IST