VidhiSangh

Supreme Court of India · 26/08/2022

MUNUWA @ SATISH ETC. versus THE STATE OF UTTAR PRADESH

[2022] 12 S.C.R. 86 · 2022 INSC 874

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Summary

A college principal was shot in 1979 and died three days later. All three accused were convicted under Sections 302 and 307 read with 34 IPC, the courts treating the FIR he lodged at the police station as his dying declaration and relying on two eyewitnesses, his guard and his doctor. One accused died during the High Court appeal. The Supreme Court acquitted the two surviving appellants. The guard's account showed he had not seen the shooting, and both witnesses behaved unnaturally. There was doubt how the FIR was recorded and why it reached court only three days later. No blood was found where seven gunshot wounds were allegedly inflicted, and no cartridges, pellets or weapons were recovered or ballistics led. The FIR, made in a critical condition without fitness certification and inconsistent with a later statement, could not safely be treated as a dying declaration.

Issues

  1. Whether convictions for murder and attempted murder could rest on eyewitnesses whose presence and conduct were doubtful, without recoveries or blood at the alleged place of occurrence
  2. Whether an FIR lodged by the injured victim, inconsistent with his later statement to a magistrate, could safely be treated as a dying declaration

Provisions considered

Held

Result

Appeals allowed; the convictions and sentences under Sections 302 and 307 read with Section 34 IPC were set aside and the appellants acquitted, with bail bonds discharged.

Judgment PDF: Supreme Court of India, [2022] 12 S.C.R. 86.