2010 (12) TMI 1078 - SC - Indian Laws

the entire prosecution story would depend on the dying declarations. It must be borne in mind that all three dying declarations the first one which formed the basis of the FIR the second recorded by the ASI as a statement under Section 161 of the Cr.P.C. and a third recorded by the Tahsildar are unanimous as all the accused find mention therein. The High Court has by way of abundant caution already given the benefit to three of the assailants on the plea that they though armed had not caused any injury to the deceased. Thus no fault whatsoever could be found in the dying declarations - Appeal dismissed.

Summary

Issues:
1. Murder case based on dying declarations and eyewitness testimony.
2. Discrepancies in dying declarations leading to acquittal by trial court.
3. High Court's reversal of trial court's decision based on dying declarations.
4. Arguments raised by the defense regarding lack of evidence and identification of assailants.
5. State's support for High Court's judgment on the strength of dying declarations.
6. Analysis of dying declarations and motive for the crime.
7. Prompt lodging of FIR as a supporting factor for the prosecution.

Analysis:

1. The case revolved around a murder incident where the victim, a practicing Advocate, was attacked by four accused individuals. The prosecution relied on dying declarations and eyewitness accounts to establish the guilt of the accused.

2. The trial court acquitted the accused due to discrepancies in the dying declarations and the turning hostile of eyewitnesses. The court considered the murder as blind due to inconsistencies in the statements.

3. The High Court overturned the trial court's decision, emphasizing that minor discrepancies in dying declarations were insignificant. It noted the deep animosity between the parties and the clear motive behind the crime.

4. The defense argued that the dying declarations were unreliable, especially since the eyewitnesses did not support the prosecution. They questioned the victim's ability to identify the assailants without proper lighting.

5. The State supported the High Court's judgment, highlighting the specificity of the dying declarations naming all accused individuals and the establishment of a motive for the crime.

6. The analysis of dying declarations revealed a consistent naming of all accused individuals, with the High Court giving the benefit of doubt to some assailants. The court recognized the motive behind the crime and dismissed minor discrepancies as inconsequential.

7. The prompt lodging of the FIR within an hour of the incident was considered a favorable factor for the prosecution, indicating the seriousness of the crime and the immediate response by the authorities.

In conclusion, the Supreme Court dismissed the appeal, upholding the High Court's decision based on the strength of the dying declarations, motive established, and the prompt action taken by the authorities. The court emphasized the reliability of the dying declarations despite minor discrepancies and affirmed the conviction of the appellant for the murder under Section 302 of the IPC.