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2003 Supreme(SC) 1078

DORAISWAMY RAJU, ARIJIT PASAYAT
Babu Lal – Appellant
Versus
State Of M. P. – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The case involves a criminal appeal concerning charges of murder and related offences under the Indian Penal Code, with the accused facing trial for their alleged involvement in a violent incident resulting in the death of the deceased (!) (!) .

  2. The prosecution's case primarily relied on the evidence of the deceased, which was given before the police and was treated as a dying declaration. The trial court and the high court both considered this declaration as credible, and it played a significant role in establishing the guilt of the accused (!) (!) .

  3. The court emphasized that a dying declaration cannot be disregarded solely because it contained only the thumb impression of the deceased instead of a signature. The evidence demonstrated that the deceased was in a mentally fit condition at the time of making the declaration, and the declaration was read over to him before he thumb-impressed it (!) (!) (!) .

  4. The court found that the presence of witnesses at the time of recording the dying declaration and the circumstances under which it was made supported its reliability. The relationship of the witnesses to the deceased did not automatically diminish their credibility, as their testimonies were tested on acceptability and credibility (!) (!) (!) .

  5. The evidence from eye-witnesses was considered but given less reliance compared to the evidence of the deceased, especially since the trial court did not place much reliance on the eyewitness testimonies. Nonetheless, the high court analyzed and accepted the evidence of the witnesses who testified about the incident and the deceased’s condition (!) (!) (!) .

  6. The court clarified that the mere presence of a thumb impression on the FIR, as opposed to a signature, does not falsify the prosecution's case. The contents of the FIR were read over to the deceased, and he had acknowledged them, supporting the credibility of the information provided (!) (!) .

  7. The evidence established that the deceased was in a condition to make the declaration, and the high court's decision to rely on this evidence was justified. The court also noted that the relationship between witnesses and the deceased does not automatically undermine their credibility if their testimonies are otherwise acceptable (!) (!) .

  8. The appeals were dismissed, affirming the judgments of the lower courts, and upholding the conviction based on the evidence, including the dying declaration and the testimonies of the witnesses (!) .

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JUDGEMENT

Arijit Pasayat, J.-Twelve persons faced trial for alleged commission of offences punishable under Sections 147, 148, 302 read with Section 149 of the Indian Penal Code, 1860 (in short the IPC ), were convicted by First Additional Sessions Judge, Shivpuri and sentenced to undergo imprisonment for life in respect of offence punishable under Section 302 read with Section 149 IPC and three years for the rest of the offences. They preferred three appeals before the Madhya Pradesh High Court. By the impugned judgment the appeals were dealt with together and conviction and sentence in respect of Tulua (A-1), Babulal (A-2), Mahesh (A-6), Sahab Singh (A-9), Kishan Singh (A-10), Netram (A-11) and Jagdish Prasad (A-12) were maintained. Sentences of Talua (A-1), Babulal (A-2) and Netram (A-11) were reduced to one year and two years respectively for offences relatable to Sections 147 and 148 respectively. The conviction in respect of Uttam Singh (A-3), Phool Singh (A-4), Sobran Singh (A-5), Krishna Kant (A-7) and Sarman Singh (A-8) was set aside. Tulua, Babulal and Netram (A-1, A-2 and A-11 respectively) were acquitted of the offence relatable to Section 148. They were convicted of th











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