Consistent eyewitness testimony and dying declarations sustain murder conviction despite absent fingerprint and blood-group evidence.

On 4 May 2016, the deceased, Mehjabin Abdul Shakur Nadaf, was found seriously injured outside a relative’s house after an alleged assault by her husband, the Appellant. She had multiple injuries, including stab wounds to the stomach, chest, back and other parts of the body. She was initially taken to Mangaon Rural Hospital and thereafter shifted to Sir J.J. Hospital, Mumbai, where she died on 5 May 2016. An FIR was initially registered under Section 307 IPC and, following her death, the case was converted to an offence under Section 302 IPC

The prosecution examined seven witnesses, including the deceased’s brother, the landlord who allegedly received an extra-judicial confession, the relative who first saw the deceased, the Appellant’s minor son who claimed to have witnessed the assault, the investigating officer and the post-mortem doctor. The Sessions Court convicted the Appellant under Section 302 IPC and sentenced him to life imprisonment, a fine of Rs. 50,000, and directed payment of Rs. 40,000 to the deceased’s sons after the appeal period.

The Appellant challenged the conviction, arguing principally that there was no reliable eyewitness, the oral dying declarations were doubtful, the weapon was not linked by fingerprints or conclusive forensic evidence, and the deceased’s blood group could not be determined.

Whether the testimony of the Appellant’s minor son, identifying the Appellant as the assailant, was reliable and sufficient when considered with the medical evidence and the Appellant’s statement under Section 313 Cr.P.C.?

Whether the oral statements made by the deceased to P.Ws. 1, 2 and 3 constituted reliable dying declarations capable of supporting the conviction?

Whether the alleged extra-judicial confession made by the Appellant to P.W. 2 was voluntary, truthful and sufficiently corroborated?

Whether the shortcomings in the forensic evidence, including the absence of fingerprint evidence and the inconclusive determination of the deceased’s blood group, created a reasonable doubt regarding the Appellant’s guilt?

Whether the conviction of the Appellant under Section 302 IPC was sustainable on the totality of the evidence?

The Court applied Section 302 of the Indian Penal Code, 1860, governing punishment for murder.

It applied the principles governing child witnesses, namely that their testimony must be carefully scrutinised for tutoring but may be relied upon if the witness understands the duty to speak the truth and gives a consistent, trustworthy account.

In relation to dying declarations, the Court relied on Bhajju alias Karan Singh v. State of Madhya Pradesh and Irfan alias Naka v. State of Uttar Pradesh, holding that a truthful, voluntary and coherent dying declaration may independently sustain a conviction; corroboration is a rule of prudence, not an absolute legal requirement.

For extra-judicial confession, the Court applied Sahadevan v. State of Tamil Nadu, under which such evidence is weak in nature but may be relied upon when voluntary, truthful, free from material discrepancies, confidence-inspiring and corroborated by other evidence.

The Court further held, relying on Prabhu Dayal v. State of Rajasthan and Balwan Singh v. State of Chhattisgarh, that failure to determine the blood group or origin of bloodstains is not necessarily fatal where the recovery is proved and other credible evidence establishes guilt.

Answers supporting the prosecution in a statement under Section 313 Cr.P.C. may also be taken into consideration.

The Court found the minor son’s testimony credible: he expressly stated that the Appellant stabbed the deceased in the stomach and back, identified the Appellant and the knife, and was not cross-examined on the material allegation. His evidence was corroborated by the post-mortem findings, which recorded stab injuries to the deceased’s body, and by the Appellant’s admission under Section 313 Cr.P.C. that he, the deceased and their children were together at the relevant time.

The Court also accepted the consistent oral dying declarations made by the deceased to P.Ws. 1, 2 and 3, noting that she remained capable of speaking until reaching the hospital and consistently named the Appellant as the assailant.

P.W. 2’s account of the Appellant appearing with blood on his person and clothes and making a confession was found voluntary and natural; it was further supported by the Appellant’s answers under Section 313 Cr.P.C. The medical evidence established that the injuries were caused by a sharp weapon and were consistent with the knife identified in court. Although the deceased’s blood group was inconclusive and no fingerprint evidence was produced, the Court treated those deficiencies as non-fatal because the conviction independently rested on the eyewitness testimony, consistent dying declarations, extra-judicial confession and medical evidence.

The appeal was dismissed, the conviction and sentence imposed by the Sessions Court were upheld, and all pending applications were disposed of.