VidhiSangh

Supreme Court of India · 18/10/2023

ABHISHEK SHARMA versus STATE (GOVT. OF NCT OF DELHI)

[2023] 14 S.C.R. 890 · 2023 INSC 924

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Summary

The Supreme Court allowed the appeal against a murder conviction resting on four alleged dying declarations. Multiple levels of hearsay, an unexplained insertion in the medical entry, uncertainty about treatment and mental fitness, and deficiencies in the mother’s account undermined their reliability on this record. With no sufficient independent evidence linking the appellant to the burning, the prosecution failed to prove guilt beyond reasonable doubt.

Issues

  1. How multiple dying declarations must be assessed for reliability and material inconsistencies.
  2. Whether the declarations and surrounding evidence proved the appellant’s guilt beyond reasonable doubt.

Held

Result

Appeal allowed. The murder conviction could not be sustained; the appellant’s existing bail confirmed and bail bonds discharged.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 890.