IMPORTANT POINT
When the dying declaration is shrouded with suspicious circumstances, the accused shall be entitled to benefit of doubt.

JUDGMENT

V.S. Sirpurkar, J. —

1. The appellant herein is challenging the judgment of the High Court, whereby his acquittal as ordered by the trial Court, was set aside and he was convicted for the offence of murder punishable under Section 302 of the Indian Penal Code (IPC).

2. Shortly stated, the prosecution story is that one Lourembam Biren Singh (since deceased) was lying in an unconscious state on the road when he was found by one Oinam Deben Singh (PW-4) at about 8 pm on 30.10.1989. He was attracted by a strange sound when he was passing near the gate of one Ahongshangbam Herachandra Singh. Oinam Deben Singh (PW-4) informed this to some of his friends and relatives and when he came back on the spot with other people with a light, they found the said deceased in an unconscious condition. The deceased was then immediately taken to Regional Medical College (RMC) Hospital at about 10 pm, where the unconscious Lourembam Biren Singh was given some treatment because of which he came to his senses and gave a dying declaration. However, the deceased expired at about 3’O clock in the next morning. According to the prosecution, in that dying declaration, the appellant was accused of having assaulting the deceased and the same was made in presence of L. Jiten Singh (PW-1), L. Ranachandra Singh (PW-2), Oinam Deben Singh (PW-4), L. Chanbi Singh (PW-5) and L. Subhaschandra Singh (PW-7). L. Ningthouren Singh (PW-14), who is the relative of the deceased, lodged the First Information Report (FIR). In fact, L. Ningthouren Singh (PW-14) was there alongwith the injured (deceased) almost till 3 am. However, he was not present at the time when the dying declaration was made to the other witnesses. On the basis of the said FIR, further investigation ensued, wherein the necessary panchanamas were drawn up and the statements of the witnesses were also recorded. After filing of the chargesheet, the accused/appellant abjured the guilt. In support of the prosecution, 15 witnesses came to be examined. The prosecution heavily relied on the dying declaration made by the deceased in presence of L. Jiten Singh (PW-1), L. Ranachandra Singh (PW-2), Oinam Deben Singh (PW-4), L. Chanbi Singh (PW-5) and L. Subhaschandra Singh (PW-7). The trial Court did not believe the prosecution case. According to the trial Court, if after the death of the deceased, the witnesses who had heard the dying declaration of the deceased had gone back to the house of the deceased and informed L. Ningthouren Singh (PW-14), his cousin, of the death, then certainly L. Ningthouren Singh (PW-14) would have come to know of the name of the person who assaulted the deceased and in that case he could not have failed to mention that name in the FIR. On this basis, the trial Court acquitted the accused/appellant. However, the High Court upset this acquittal and believed the dying declaration and ultimately convicted the accused/appellant necessitating this appeal.

3. We have been taken through the evidence as also the judgments of the Courts below. Shri Ranjit Kumar, learned Senior Counsel appearing on behalf of the appellant, took us through the evidence. His contention was that the judgment of the trial Court did not suffer from any illegality and the trial Court had taken a probable view. He pointed out that the High court has hardly given any reason to show that the view taken by the trial Court was perverse and not possible at all. He also pointed out that the FIR was given by L. Ningthouren Singh (PW-14) who was the elder cousin of the deceased and on being informed by Oinam Deben Singh (PW-4) and L. Chanbi Singh (PW-5) about the deceased lying in the darkness, he himself had gone and on finding the deceased in an injured condition, took him to the hospital. The learned Senior Counsel pointed out that this witness was present in the hospital for some time and then left; however, at about 6' O clock in the next morning, Oinam Deben Singh (PW-4) and L. Subhaschandra Singh (PW-7) went to