Oral dying declaration contradicting medical evidence and originating from unreliable hearsay fails to prove guilt beyond reasonable doubt.

The deceased, Kallu @ Arif, was allegedly assaulted with iron rods and sticks by the Respondents on April 11, 2009, in Sonia Vihar, Delhi

Information was received via DD Entry 30-A, but the victim was unfit for a statement upon police arrival at the hospital and died the following day

The prosecution’s case relied on an SMS chain initiated by PW-1 (Manju) to PW-4 (Danish, the victim's brother), who then informed PW-2 and PW-3

PW-4 further alleged that the deceased made an oral dying declaration at the hospital gate naming the assailants

The Trial Court acquitted all seven accused on February 25, 2012, citing a failure to prove guilt beyond reasonable doubt

The victim’s father appealed the acquittal; however, following his death, his legal representatives failed to join the proceedings

1. Whether the oral dying declaration allegedly made to PW-4 was reliable and sufficient to sustain a conviction

2. Whether the circumstantial evidence, specifically the SMS communication chain and testimonies of PW-2, PW-3, and PW-4, established an unbroken chain of guilt

3. Whether the findings of the Trial Court were perverse or based on a misreading of evidence justifying interference in an appeal against acquittal

The Court applied Section 372 of the Cr.P.C. regarding the victim's right to appeal and the settled principle that an appellate court should not interfere with an acquittal unless the findings are perverse or ignore material evidence

Regarding evidence, it applied Section 32(1) of the Indian Evidence Act, 1872, pertaining to dying declarations, and followed the Supreme Court precedent in Irfan @ Naka v. State of Uttar Pradesh, which mandates that a dying declaration must inspire full confidence, be free from tutoring, and be made in a fit state of mind

The Court found the alleged oral dying declaration recorded by PW-4 unreliable because it lacked the deceased’s signature/thumb impression, was contradicted by the MLC (which declared the victim "unfit for statement" at 02:15 AM), and was missing from the earliest hospital records

Furthermore, the FSL report found no alcohol in the deceased’s blood, contradicting the declaration’s claim that the victim was intoxicated when assaulted

The SMS chain (the "foundation" of the case) collapsed because the originator (PW-1) disowned the incriminating messages and admitted only to a neutral text

PW-4 was also unable to provide basic details of the incident spot or the restaurant during cross-examination, rendering his presence at the scene doubtful

The Court concluded that the prosecution's reliance on hearsay and a discredited SMS chain failed to form a complete chain of evidence

The Court ruled that the alleged dying declaration was undocumented and scientifically contradicted, while the oral testimonies were based on a "discredited SMS chain"

The appeal was dismissed, and the bail/surety bonds of the respondents were cancelled