The reliability and consistency of dying declarations, along with the admissibility of medical evidence and the prosecution's obligation to produce evidence, were central to the court's decision.

JUDGMENT

Debangsu Basak, J. - The appellant has assailed the judgement of conviction dated April 21, 2021 and the order of sentence dated April 26, 2021 passed by the learned Additional District and Sessions Judge, 2nd Court, Barackpore in Sessions Trial No. 02 (06) 2016 arising out of Sessions Case No. 57 of 2016. By the impugned judgement of conviction and the order of sentence, the learned Court has convicted the appellant under Section 302 of the Indian Penal Code, 1860 and under Section 25(i)(a)/27(i) of the Arms Act.

2. The prosecution has alleged that, on November 15, 2015 at about 7:15 P.M, the appellant took the victim to Sree Durga Sporting Club and demanded a sum of Rs. 8,000 from him and when the victim refused to pay the money the appellant inflicted a gunshot injury near the chest of the victim and fled away. The neighbours had taken the victim to the ILS (Nagerbazar) Hospital and subsequent to the brother of the victim being informed, the victim was shifted to the Apollo Gleneagles Hospital for treatment. The victim had died out of gunshot injury on December 25, 2015.

3. At the trial, the prosecution had examined 14 witnesses and tendered various documentary and material evidences which were marked as exhibits and material exhibits. The appellant had been examined under Section 313 of the Criminal Procedure Code. The appellant had claimed his innocence in the statement recorded under Section 313 of the Criminal Procedure Code. The appellant had declined to adduce any defence witness.

4. Learned advocate appearing for the appellant has contended that, although the maker of the police complaint, being PW-1, was aware about the gunshot injury suffered by the victim, he did not mention such fact in the First Information Report. He did not disclose the source of information or the name of the caller while he had been examined in Court.

5. Referring to the deposition of the PW-1 learned advocate appearing for the appellant has contended that, although, the PW-1 had become aware of the victim being shot on his refusal to pay a demand of Rs. 8,000, he did not mention such fact in the written complaint. He has pointed out that, the written complaint was lodged subsequent to the PW-1 having a word with the victim who was his brother.

6. Learned advocate appearing for the appellant questioned the trustworthiness of the dying declaration. He has contended that, PW-6 did not make any endorsement in the purported statement of the victim recorded by the police officer in the hospital. He has referred to Exhibit- 4 in this regard. He has submitted that, Exhibit- 4 cannot be considered as a dying declaration.

7. Learned advocate appearing for the appellant has drawn the attention of the Court to the evidence of PW-8 who was the consultant of the hospital and who examined the victim and conducted the surgery on him. He has submitted that, PW-8 stated that it was not possible for a patient of tracheotomy to speak. Therefore, according to him, there was no dying declaration made by the victim on November 15, 2015 being Exhibit- 4 as claimed.

8. Learned advocate appearing for the appellant has further contended that, PW-6 did not make any effort to record the statement of the victim or to take his left thumb impression on the victim. Therefore, Exhibit- 4 cannot be treated as a dying declaration of the victim.

9. Referring to the testimony of PW-2, learned advocate appearing for the appellant has submitted that, the presence of PW-2 in the hospital was not stated by PW-1 either in the police complaint or in his evidence. He has referred to the evidence of PW-14 and contended that, the so called dying declaration came to be made by the victim PW-14 is unreliable.

10. Learned advocate appearing for the appellant has doubted the alleged recoveries of the seized articled. He has contended that, the seizures were not made in accordance with law.

11. With regard to the dying declarations learned advocate appearing for the appellant has relied upon 2