Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(UK) 348

RAJEEV GUPTA, PRAFULLA C.PANT
Balkar Singh – Appellant
Versus
State – Respondent

Advocates Appeared:
For the Appellant :Mr. S.K. Aggarwal and Mr. M.S. Pal, Senior Advocates with Mr. Gopal K. Verma and Mr. V.S. Pal, Advocates.
For the Respondent:Mr. H.C. Pande, Additional Government Advocate.

Judgement Key Points

Key Points: - The judgment discusses the relevance and reliability of dying declarations (Ext. B-1) under Sec. 32 of the Evidence Act and their relation to in-court statements (!) . - It addresses the lack of blackening and tatooing on injuries at close range, considering clothing and blankets, and its impact on the prosecution’s theory of close-range firing (!) (!) . - It analyzes consistency between eyewitness statements (P.W. 2 Roop Singh, P.W. 1 Harbhajan Singh, P.W. 3 Jeet Singh), medical post-mortem reports, and site plan to sustain the murder/attempted murder convictions (Sections 302 and 307 IPC) (!) (!) (!) (!) (!) (!) (!) .

What is the legality and scope of relying on dying declarations under Section 32 of the Evidence Act, 1872 in this murder/attempted murder case?

What is the significance of the absence of blackening and tatooing in gunshot injuries at close range, and how did the court treat this in relation to establishing the proximate cause and weapon discharge?

What standards did the court apply to evaluate eyewitness testimony (including Roop Singh and others) in light of the dying declaration and medical evidence, and to uphold the conviction under Sections 302 and 307 IPC?

JUDGMENT

Per Hon'ble Prafulla C. Pant, J.

This appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (herein-after for brevity referred as Cr.P.C., is directed against the judgment and order dated 14.08.1985, passed in Sessions Trial No. 119 of 1983, whereby the then learned 1st Additional Sessions Judge, Nainital, convicted appellant Balkar Singh under Section 302 of Indian Penal Code, 1860 (herein after referred as I.P.C.), for commission of murder of Ajeet Singh, resident of village Rampur-Balbhadra and Bhajan Singh, R/o village Basai, and sentenced him to imprisonment for life. He is further convicted under Section 307 of I.P.C., for attempting to commit murder of Roop' Singh, Rio Rampur-Balbhadra, and sentenced to imprisonment for ten years on that count.

2. We heard learned counsel for the appellant and learned Additional Government Advocate/Puhlic Prosecutor and perused the entire record.

3. Prosecution story, in brief, is that on 01.01.1983, at about 5:00 P.M., Ajeet Singh (one of the deceased). along with P.W 2 Roop Singh (injured) and PW 1 Harhhajan Singh (informant), all Rio village Rampur-Balbl1adra, and Bhajan Singh (another deceased). R/o village B

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2006 Supreme(UK) 348

RAJEEV GUPTA, PRAFULLA C.PANTBalkar Singh – AppellantVersusState – Respondent

What is the legality and scope of relying on dying declarations under Section 32 of the Evidence Act, 1872 in this murder/attempted murder case?

What is the significance of the absence of blackening and tatooing in gunshot injuries at close range, and how did the court treat this in relation to establishing the proximate cause and weapon discharge?

What standards did the court apply to evaluate eyewitness testimony (including Roop Singh and others) in light of the dying declaration and medical evidence, and to uphold the conviction under Sections 302 and 307 IPC?

RAJEEV GUPTA, PRAFULLA C.PANT
Balkar Singh – Appellant
Versus
State – Respondent