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ABHAY S OKA, UJJAL BHUYAN
Suresh @ Hanumant – Appellant
Versus
State (Govt. of NCT Delhi) – Respondent
JUDGMENT
ABHAY S. OKA, J.
FACTUAL ASPECTS
1. The appellant Suresh @ Hanumant in Crl. Appeal No.2685 of 2023 is accused no.3. The appellant, Dinesh Kumar @ Khali in Crl. Appeal No. 1250 of 2023 is accused no.1, and the appellant, Deepak Kumar @ Chintu in Crl. Appeal No.3685 of 2023 is accused no.2. The trial court convicted all the appellants for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short, ‘the IPC’). In addition, accused no.1 was convicted for an offence punishable under Section 25(1B)(a) and 27(1) of the Arms Act, 1959 (for short, “the Arms Act”). They were sentenced to undergo rigorous life imprisonment for the offence punishable under Section 302 read with Section 34 of the IPC. Accused no. 1 was sentenced to pay a fine of Rs.20,000/- for the said offence. The accused nos.2 and 3 were sentenced to pay a fine of Rs.15,000/- each for the offence. Default sentences were provided for non-payment of fines. Accused no.1 was further sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.2,000/- for the offence punishable under Section 25(1B)(a) of the Arms Act. By the impugned judgment, a Division Bench
Murder – Once dying declaration made by deceased is proved, fact that Ballistic Expert could not give a definite opinion on the question of whether cartridge recovered from body of deceased was fired....
A conviction based on circumstantial evidence must establish clear links and prove guilt beyond a reasonable doubt; the reliability of dying declarations is paramount.
The admissibility and reliability of dying declarations and eyewitness testimonies are upheld as critical for establishing the identity of the assailants in murder cases involving political rivalry.
A dying declaration can support a murder conviction if recorded properly and inspires confidence, irrespective of corroboration, considering the surrounding circumstances.
Dying declarations can be the basis for conviction if they are found to be truthful and voluntary; however, they must be carefully scrutinized, especially in the absence of corroborative evidence.
The reliability of eyewitness accounts and dying declarations is crucial for a conviction under Section 302 of the IPC; discrepancies and doubts in witness testimonies can lead to acquittal.
A conviction based on inconsistent dying declarations is unsafe without corroborative evidence; discrepancies create reasonable doubt undermining the prosecution's case.
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