Allahabad High Court acquits three in 35-year-old murder case; says dying declaration not reliable

The Allahabad High Court recently acquitted three accused who were convicted by the trial court for a murder committed in 1989 [Jwala Prasad and Others v. State of Uttar Pradesh]..A division bench of Justice Rajiv Gupta and Justice Shiv Shanker Prasad said that there was doubt with respect to the dying declaration of the deceased-victim since its contents were not read out to the deceased himself or to his father.The Court also noted that there was an unexplained delay in the registration of the First Information Report (FIR) against the accused persons.Further, the prosecution version with regard to place where deceased died, was unclear."We are of the view that the court below has not examined the evidence led by the prosecution in correct perspective and the finding returned by it that the prosecution has succeeded in proving its case beyond reasonable doubt cannot be sustained. The prosecution has failed to establish the guilt of the accused-appellants on the basis of evidence led at the stage of trial by the prosecution. The conviction and sentence of accused-appellants is consequently reversed," the Court said in its judgment passed on July 3..The case began in August 1989 when the deceased (brother of the complainant) was returning to his house along with the complainant and another person. However, due to previous grudge, the appellant-accused persons started beating the deceased brutally.On hearing the scream of the complainant, some others rushed to the spot but the accused persons escaped. The deceased was seriously injured and he later succumbed to his injuries.But as per the prosecution case, the deceased was able to narrate the incident to his father before he succumbed. This later came to be used as a dying declaration. In 2004, the trial court convicted the accused persons under Sections 148 (rioting, armed with deadly weapon), 149 (unlawful assembly) and 302 (murder) of the Indian Penal Code. Aggrieved, the accused persons approached the High Court. .The High Court was of the view that the dying declaration, claimed to have been given by the deceased to his father, was suspicious.Hence, it would be unsafe to convict the accused persons based on such dying declaration, the Court stated."Neither the contents of the dying declaration were read out to the injured/deceased nor to the father of the deceased, namely, Jai Sri, who could certify such disclosure, as in his presence such disclosure has been made by the deceased in respect of the person, who has assaulted him. As also the father of the deceased certifying such disclosure of the deceased, was not produced during the course of trial so that the defence could have an opportunity to cross examine such disclosure," the Court observed.Therefore, it refused to accept dying declaration as a substantive evidence..The Court also found inconsistencies in the statements of the complainant and other witnesses regarding the place where deceased was murdered. It also questioned the delay of one day in registration of FIR against the accused persons..Taking note of the entirety of the circumstances, the Court was of the view that the benefit of doubt created in the mind of the Court must go in favor of the accused persons.Hence, it set aside the conviction awarded by the trial court and proceeded to acquit the accused persons..Advocates Jagdish Singh Sengar, Babu Lal Ram and Ram Babu Sharma appeared for the appellants.Advocates M Sarwar Khan, Rajesh Yadav, Ram Ji Yadav and Vineet Kumar Yadav appeared for the State..[Read Judgment]