Acquittal Granted Due to Contradictions in Dying Declaration and Prosecution Narrative Regarding Scene of Crime

The appellant was convicted under Section 302 of the IPC and sentenced to life imprisonment for the alleged murder of Nand Kumar Singh

According to the FIR lodged by the informant (P.W. 4), on April 17, 1994, the appellant forced the deceased to eat curd and rice at a neighbor’s house; upon refusal, the appellant allegedly stabbed him in the abdomen and back

The deceased ran toward a canal, became unconscious, and was eventually hospitalized, succumbing to injuries on September 4, 1994

The prosecution examined nine witnesses and relied on a dying declaration (Exhibit 2)

The appellant challenged the conviction on grounds of lack of eyewitnesses, contradictions in the place of occurrence, and lack of motive

1. Whether the prosecution proved the genesis and the place of occurrence beyond a reasonable doubt, given the contradictions between the ocular evidence and the dying declaration

2. Whether the dying declaration and witness testimonies were sufficiently reliable to sustain a conviction for murder

The Court applied Section 302 of the Indian Penal Code

It relied on the juristic theory of dying declarations as established in Laxman v. State of Maharashtra (2002), which holds that while medical certification of a "fit state of mind" is a rule of caution, the declaration must inspire the full confidence of the court regarding its truthfulness and voluntariness

The Court further applied the principle from Lakshmi Singh v. State of Bihar (1976) regarding the fatal nature of the prosecution’s failure to send blood-stained earth for chemical examination to fix the situs of assault

Additionally, it cited Kannaiya v. State of M.P. (2025) to reiterate that suppression of the genesis of the occurrence and shifting the place of incident entitles the accused to the benefit of doubt

The Court found the prosecution case shrouded in mystery due to irreconcilable contradictions. While the witnesses claimed the stabbing occurred at Kapil Singh’s house, the informant (P.W. 4) admitted no blood was found there, and the I.O. (P.W. 9) found no blood at the alleged site

The dying declaration further complicated the narrative by changing the place of occurrence to inside the house, whereas witnesses suggested it happened in front of the house or near the canal

The Court noted that the motive—refusal to eat curd and rice—was "frivolous" and "ridiculous"

Furthermore, the lack of objective material (blood-stained earth) and the fact that the deceased was an accused in seven other cases suggested the possibility of unknown enemies and a manufactured story for implication

The Court concluded that the prosecution suppressed the true genesis of the incident, thereby failing to prove the foundational facts

The High Court allowed the appeal, set aside the judgment of conviction and order of sentence dated December 19, 1997, and acquitted the appellant of all charges. The appellant was ordered to be released forthwith and discharged from his bail bonds