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VIKRAM NATH, SANDEEP MEHTA
Tarun Sharma – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. timeline of the case & charges against the appellant. (Para 3 , 4) |
| 2. details of the incident leading to investigation. (Para 5 , 6 , 7) |
| 3. testimony and evidence issues from prosecution witnesses. (Para 12 , 14 , 20 , 25 , 36 , 50) |
| 4. significance of dying declaration in the appeal's context. (Para 21 , 26 , 28 , 41) |
| 5. concerns around fairness of appeal process and reliance on dying declaration. (Para 32 , 33 , 64 , 66) |
| 6. final verdict and order. (Para 68 , 69) |
JUDGMENT :
1. Heard.
3. This appeal by special leave takes exception to the judgment dated 24th September, 2024 passed by the Division Bench of High Court of Punjab and Haryana1[Hereinafter being referred to as the “High Court”] in CRA-D-1161-DB-2013 whereby the appeal preferred by the appellant under Section 3 74(2) of the Code of Criminal Procedure, 19732[For short, “CrPC”] was dismissed and the judgment and order dated 26th August, 2013 passed by the Additional Sessions Judge, Ambala3[Hereinafter being referred to as the “trial Court”] in Sessions Case No. 11-SC of 2012 was affirmed.
Brief Facts: -
The court reinforced the principle that a dying declaration must be credible and corroborated; otherwise, it cannot sustain a conviction, especially where reasonable doubt exists due to procedural la....
(1) Child witness – Minor is also a competent witness.(2) Murder – In absence of legal evidence on record to prove guilt of accused beyond reasonable doubt, Court cannot interfere with Judgment of ac....
(1) Doctrine of judicial notice is an exception to general rules of evidence applicable for proving any fact by adducing evidence in Court of law – Except in rarest of rare cases, judicial notice of ....
Inconsistent dying declarations cannot suffice for conviction without corroborating evidence, especially when procedural guidelines for a fair trial are not met.
(1) Dying declaration – For a statement to be termed dying declaration, circumstances discussed/disclosed therein must have some proximate relation to actual occurrence – If a dying declaration inspi....
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
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