Dismissed

The State of Maharashtra Thr. the Police Station Officer v. Sayyad Aslam S/O Sayyad Sattar and Anr.

Bombay HC21 Mar 2013APPA/58/2013

Case brief

AI extract

What is this about?

In this criminal appeal against an acquittal, the High Court held that the view of the Trial Judge refusing to rely solely on an uncorroborated and suspicious dying declaration was not perverse. The appeal was dismissed.

What did the court decide?

Leave to file appeal rejected/No interference warranted in the order of acquittal.

The State of Maharashtra Thr. the Police Station… — Murder and Culpable Homicide | Bombay HC (2013)

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FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR

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CRI.APPLICATION (APPA) NO.58 of 2013.

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The State of Mah. Through the P.S.O.Chandrapur City, Tq. and Distt.Chandrapur.

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..vs..

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Sayyad Aslam Sayyad Sattar and anr.

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Office Notes, Office Memorandum of Court's or Judges Order Coram appearances, Court's orders or directions & Registrar's orders.

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Mr.T.A.Mirza, APP for the applicant/State. Mr.Anuj D.Hazare, Adv. for the N.As.

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CORAM: B.R.GAVAI AND

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PRASANNA B.VARALE, JJ. DATED : 21st MARCH, 2013.

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1 . The appeal takes exception to the judgment of acquittal recorded by the learned Sessions Judge, Chandrapur.

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It is the prosecution case that there was a quarrel between two deceased i.e. Sayyad Jabbar and Sayyad Gaffar on one hand and two brothers i.e. the accused Sayyad Aslam and Sayyad Alim on the other hand. It is the prosecution case that on account of this there was a quarrel between these two brothers and accused in 2011 and in the said quarrel accused no.1 assaulted the deceased brothers with a sword and accused no.2 assaulted them with a stick. Upon appreciation of the evidence, the learned Trial Judge acquitted both the accused. Hence, the present appeal.

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Shri Mirza, learned APP for the applicant submitted that the learned Trial Judge grossly erred in disbelieving the dying declaration of Syd.Gaffar which was recorded by a Executive Magistrate at Rathi Hospital. Learned APP further submitted that in the dying declaration a specific role is attributed to the accused. It is submitted that the learned Judge ought to have believed the said dying declaration and based the conviction on the basis of the same.

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Mr.Anuj Hazare, learned counsel appearing on behalf of the respondents/accused, contrary submitted that the perusal of the dying declaration would reveal that the same is not trustworthy. He submits that the dying declaration neither bears a thumb impression of deceased nor does it has an endorsement of the doctor after recording of the dying declaration. He, therefore, submitted that no interference is warranted in the order of acquittal.

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The scope of interference in an appeal against the acquittal is very limited. Unless it is found that the view taken by the trial court is either perverse or improbable, it is not permissible for this court to up set the finding of the acquittal.

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Perusal of the material on record would reveal that though there are eye witnesses, all the eye witnesses turned hostile. Insofar as the recovery of the weapons under Section 27 of the Evidence Act is concerned, same has been believed by the learned Trial Judge.

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No doubt that a conviction can be based solely on the basis of dying declaration. However, for doing so the court must come to the conclusion that the said dying declaration is such which inspires confidence of the court. However, when dying declaration is suspicious, it is necessary that there has to be some corroborations to support the conviction. In the dying declaration though there is an endorsement of Dr.Rathod in the beginning, there is no endorsement on the dying declaration at the end certifying that he was present while recording of the dying declaration and the deceased was in a mentally fit condition throughout the dying declaration. Not only that, there is no thumb impression also on the dying declaration. It is to be noted that when Police Officer had gone to record the dying declaration it was informed that since the patient is admitted in Intensive Care Unit (ICU), he was not in a position to give dying declaration. In these circumstances, the view taken by the learned Trial Judge that the dying declaration is not such which would inspire the confidence can not be said to be either perverse or impossible. It is to be noted that there ought to have been some corroborations to the dying declaration. Admittedly, there is no corroboration to the dying declaration. In the circumstances, no case is made out for interference. Hence, leave to file appeal is rejected.

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JUDGE JUDGE.

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chute

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The State of Maharashtra Thr. the Police Station Officer v. Sayyad Aslam S/O Sayyad Sattar and Anr.

Case brief

What is this about?

What did the court decide?

The State of Maharashtra Thr. the Police Station Officer v. Sayyad Aslam S/O Sayyad Sattar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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