Case Note & Summary
The case involved an appeal against the conviction of two appellants for murder under Section 302 IPC, which was reduced to Section 304 Part II IPC by the trial court. The incident occurred on 25th May 1991, following an altercation between the families of the appellants and the deceased over water usage. The deceased was stabbed during the ensuing fight and later died in the hospital. The prosecution relied on two dying declarations, but the trial court accepted only the first one, Ex.P-4, while rejecting the second, Ex.P-13, due to its timing. The appellants contended that Ex.P-4 was unreliable, citing the absence of a magistrate during its recording and the use of grease instead of ink for the thumb impression. The prosecution's witnesses, including the deceased's family, turned hostile, and the court noted the lack of explanation for the injuries sustained by the appellants. The Supreme Court found the prosecution's case doubtful due to these inconsistencies and the circumstances surrounding Ex.P-4. Ultimately, the court set aside the conviction, allowing the appeal and ordering the immediate release of the appellants.
Headnote
A) Criminal Law - Dying Declaration - Reliance on Dying Declaration - Indian Penal Code, 1860, Section 302 - The court found that the dying declaration Ex.P-4 was recorded under suspicious circumstances and lacked corroboration from other evidence, leading to doubts about its genuineness. The absence of explanation regarding injuries on the accused further weakened the prosecution's case. Held that the conviction based solely on Ex.P-4 was not sustainable (Paras 15-30).
Issue of Consideration
Whether the dying declaration can be relied upon for conviction in the absence of corroborative evidence.
Final Decision
The Supreme Court set aside the conviction and judgment of the lower courts, allowing the appeal and ordering the immediate release of the appellants.
Law Points
- Dying declaration
- Section 34 IPC
- Common intention
- Burden of proof
- Hostile witnesses
