Inconsistencies Between Dying Declaration And Oral Statements Of Deceased: MP High Court Suspends Sentence Of Murder Convict

The division bench comprising Justices Sujoy Paul and Prakash Chandra Gupta observed-

Prima facie there exists discrepancy regarding description of the person who has allegedly fired on deceased Rizwan. As per oral dying declaration given to Aashiq (PW-4) and Wasim (PW-5), the gun shot injury is caused by Saaud. As per both the Investigating Officers Devendra Kumar Mishra (PW-14) and J.P. Rai (PW-18), Saaud was given the benefit of alibi and he was not found to be at the scene of crime / Bhopal on the date of incident…Prima facie in view of material inconsistencies between the dying declaration (Ex.P-32) and oral dying declarations coupled with the aspect that Saaud who caused gun shot injury as per oral dying declarations was not even prosecuted and was given the benefit of alibi, we deem it proper to give benefit of suspension of sentence to the appellant.

Facts of the case were that the Appellant was accused and later convicted for offences punishable under Section 302 IPC and under Section 25(1-b) of Arms Act. Aggrieved, the Appellant preferred an appeal against his conviction and simultaneously moved an application for suspension of sentence.

Arguing for his suspension of sentence, the Appellant pointed out before the Court that the case of the Prosecution relied heavily on the dying declaration of the deceased. They also relied on two oral statements given by the deceased to two different witnesses. It was argued that the dying declaration given to the IO did not categorically mention that it was the Appellant that had fired the shot and not his companion. Even the legality of the said dying declaration was questioned since there was no certificate of fitness given by a doctor. It was further submitted that the Prosecution had not submitted any ballistic report to corroborate its stand that the deceased was shot at by the same weapon that was confiscated by the police.

It was also asserted by the Appellant that the two oral dying declarations given by the deceased to two witnesses narrated a different story than the one given to the police officer. With the said contentions, it was prayed that the sentence of the Appellant be suspended during the pendency of his appeal.

Examining the submissions of parties and trial court record, the Court found merit the arguments put forth by the Appellant. Accordingly, the application for suspension of sentence of the Appellant was allowed.

Case Title: MOHD. DAWOOD Vs THE STATE OF MADHYA PRADESH

Case citation: 2022 LiveLaw (MP) 277

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