AIROnline 2024 SC 20

Supreme Court Of India

Hon’ble Judge(s):

Abhay S. Oka,
Pankaj Mithal
, JJ

Penal Code (45 of 1860) , S.302— Evidence Act (1 of 1872) , S.32— Murder – Oral dying declaration – Reliability – Allegation that when deceased along with his friends was coming out of hotel, he was beaten and assaulted by all accused with knife and other weapons, causing his death – Prosecution relied on oral dying declaration of deceased, who allegedly informed his brother and mother about being assaulted by accused – Witness who allegedly tried to save deceased, was not found at scene by brother and mother of deceased – Two alleged eyewitnesses were declared hostile – Medical evidence indicated severe injuries leading to death within 5 to 15 minutes – Family of deceased arrived around 15-25 minutes after being informed – There was nothing on record to establish that deceased was alive or in a position to speak when his brother and mother reached the spot – Benefit of doubt was extended to accused.
Cri. A. Nos. 2237 and 2031 of 2008 (MP)-Reversed

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