Inconsistency between dying declaration and FIR regarding accused roles and timing justifies acquittal under benefit of doubt.

On December 15, 1990, the deceased, Arjanbhai Vallabhbhai Patel, was allegedly assaulted with iron pipes by four accused persons near the Court area in Rajula Town

The prosecution alleged that Accused Nos. 1 and 2 held the deceased while Accused Nos. 3 and 4 inflicted fatal injuries

A complaint was lodged at Rajula Government Hospital (FIR C.R. No. I-107/1990) under Sections 302, 307, 325, and 114 of the IPC

The Sessions Judge, Amreli, acquitted the accused on October 21, 2000, citing "benefit of doubt"

The State appealed this acquittal under Section 378 of the Cr.P.C.

1. Whether the Trial Court’s judgment of acquittal suffered from patent perversity or misreading of material evidence, justifying interference by the Appellate Court

2. Whether the dying declaration and the FIR (Exhibit 58) were reliable enough to sustain a conviction despite the hostility of eyewitnesses

The Court applied Section 378 of the Cr.P.C. regarding appeals against acquittal

It relied on the Supreme Court precedent in *Constable 907 Surendra Singh v. State of Uttarakhand (2025)*, which establishes that an appellate court should not disturb an acquittal if two reasonable views are possible, and must bear in mind the double presumption of innocence in favor of the accused

The Court also assessed the evidentiary value of dying declarations under Section 32 of the Indian Evidence Act and the procedural requirements for FIRs and investigation integrity

The High Court found the prosecution's case riddled with inconsistencies.

First, all eyewitnesses turned hostile and failed to support the State

Second, the Court noted a fatal temporal discrepancy: the P.S.I. claimed he recorded the FIR from 13:10 to 13:40, yet he was unaware of a dying declaration purportedly recorded between 13:05 and 13:10

The "yadi" (request) for the dying declaration showed an unauthenticated alteration of time from 13:45 to 12:45, suggesting manipulation

Furthermore, the P.S.I. failed to obtain a medical certification regarding the deceased's "fit state of mind" before recording the complaint

Lastly, the testimonies of police constables (Exhibits 29 and 30) contradicted the FIR and dying declaration regarding the specific roles and identities of the assailants

The Court held that when two reasonable views are possible and the prosecution's theory contains significant "dents"—specifically regarding the suspicious timing and recording of the FIR and dying declaration—the benefit of doubt must remain with the accused

The bail bonds were ordered cancelled