Case Note & Summary
The appellant was convicted under Section 302 of the Indian Penal Code for the murder of his roommate, Mohmed Akhtar Gafur Ansari, on 6th September 2004. The incident occurred in a rented room where both were staying. The prosecution case was based on the testimony of eyewitnesses who were declared hostile, an extrajudicial confession made by the appellant to his employer PW-19, and a dying declaration made by the deceased to PW-24. The Sessions Court and the High Court convicted the appellant, and the matter reached the Supreme Court. The Supreme Court examined the evidence and found that the extrajudicial confession was unnatural because the appellant had worked for PW-19 only for five months, and PW-19 did not disclose the phone number from which the call was received. Moreover, PSI Mishra, who allegedly heard the confession at the Central Bus Station, was not examined, and his non-examination was fatal. The dying declaration was also found unreliable. The Court held that the prosecution failed to prove the guilt beyond reasonable doubt and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Extrajudicial Confession - The appellant was convicted for murder based on an extrajudicial confession made to his employer. The Supreme Court held that the confession was unnatural as the appellant had worked for the employer only for five months and the employer did not disclose the phone number from which the call was received. The non-examination of PSI Mishra, who allegedly heard the confession, was fatal. Held that the extrajudicial confession was unreliable and could not form the basis of conviction (Paras 6-7). B) Criminal Law - Dying Declaration - Section 32 Indian Evidence Act, 1872 - The prosecution relied on a dying declaration made to PW-24. The Court found that the dying declaration was not corroborated by other evidence and the circumstances surrounding it were doubtful. Held that the dying declaration was not trustworthy (Para 9). C) Criminal Procedure - Hostile Witness - Section 154 Indian Evidence Act, 1872 - The eyewitnesses were declared hostile, but the prosecution relied on parts of their testimony. The Supreme Court held that the testimony of hostile witnesses cannot be relied upon unless it is consistent and credible. In this case, the evidence of hostile witnesses did not inspire confidence (Paras 3, 10). D) Criminal Procedure - Non-examination of Material Witness - The prosecution failed to examine PSI Mishra, a crucial witness who allegedly took the appellant into custody. The Court held that the non-examination of a material witness is fatal to the prosecution case (Para 8).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on extrajudicial confession and dying declaration is sustainable in law.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Extrajudicial confession must be voluntary and made to a person in whom the accused has implicit faith
- Dying declaration must be reliable and corroborated
- Non-examination of material witness is fatal to prosecution case
- Hostile witness testimony can be relied upon only if consistent and credible
