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JASMEET SINGH
Asif @sammi – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT
Jasmeet Singh, J. This is an application seeking bail in FIR No. 244/2020, dated 08.10.2020 under section 302/147/149/34 IPC, registered at PS-Kamla Market.
2.Brief facts of the case are:
The FIR was registered upon the statement of Vakil Mehto, who was a taxi driver. He would visit New Delhi Railway Station for picking up customers. For this reason, he was having enmity with one Munna @ Aaltay, who runs a travel agency. On 7.10.2020 at around 5pm, the deceased was on his way home when his vehicle was stopped near Minto Road, CNG pump and he was attacked by Aaltay and Sammi with lathis and dandas. While he was trying to save himself, three other people, namely Sammi(applicant herein), Aria and Bikki Sardar got off one White Scorpio, joined the attack and mercilessly beat the deceased Vakil Mehto with dandas as a result of which the deceased fell unconscious and the assailants fled from that spot in the white Scorpio. Pursuant to this incident, the son of the deceased Saheb Kumar reached the spot and rushed his father to RML hospital in an Auto. This resulted in filing of the FIR under section 307/34 IPC. However, this incident resulted in the death of the deceased on 13.10.2
(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....
The dying declaration, when found to be credible and supported by medical evidence and witness testimonies, can be the primary basis for conviction, even without the need for corroboration.
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
The reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
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.
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