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SADHANA S. JADHAV, PRITHVIRAJ K. CHAVAN
Nurul Shamsul Haq Shah – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
Prithviraj K.Chavan, J. - Feeling aggrieved with and dissatisfied by the impugned judgment and order of conviction passed by additional Sessions Judge, Greater Bombay, on 12th February, 2013, convicting the appellants of the offence punishable under Section 302 of Indian Penal Code and sentencing them to suffer life imprisonment, present appeals have been preferred.
2. Prosecution story goes like this.
i) Deceased Mohd. Yusuf Mohd. Shahid Shaikh (for short 'the deceased'), who was working as a labour on contract basis in 'Bisleri Company' , had been to andheri Sahar road near 'Gol Building' to watch 'Garba' dance on 13.10.2010 at about 9.30 pm along with his friends. While returning home at about 10.40 pm, he was accosted by accused No.1 Imtiyaz Mohd. Shahid Shaikh and his brother (original accused No.4) - juvenile in conflict with law and accused No. 2 Nurul Shamsul Haq Shah on a footpath of Nagori ajmeri Dairy. all of them picked up quarrel with the deceased on account of some previous dispute. Deceased was beaten by kicks and fists blows. Meanwhile, accused No.2 Nurul, by a telephonic message, called accused No.3 Mohd. Sahil Rabban Khan, who was a companion of one Nirmal S
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
The court affirmed the conviction under Section 302 IPC based on credible eyewitness accounts and a reliable dying declaration, establishing the appellant's guilt beyond reasonable doubt.
Dying declarations can alone sustain a conviction if deemed reliable and made in a fit state of mind, without corroborative evidence being strictly necessary.
A dying declaration can serve as the sole basis for conviction if it is credible and corroborated, emphasizing its legal admissibility in murder cases.
The court relied on oral and documentary evidence to establish the guilt of the accused under Section 302 IPC.
The dying declaration made by the deceased was voluntarily made and in a conscious state of mind, and it was supported by witness testimonies, medical and forensic evidence, leading to the conviction....
The reliability and admissibility of dying declarations as evidence, the mental state of the deceased, and the sufficiency of evidence to establish guilt.
A dying declaration can serve as the sole basis for conviction if found trustworthy, supported by corroborative evidence.
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