BASTIRAM versus STATE OF RAJASTHAN

BASTIRAM versus STATE OF RAJASTHAN

Concurrent findings of the Trial Court and High Court that the appellants were present, armed with pistols, fired at victims with intention to kill and therefore were guilty under Section 302 IPC r/w Section 34 (and Section 307 r/w 34 where applicable) are upheld; cogent and consistent ocular evidence was preferred over medical opinion that there was no firearm injury to one deceased, and the inconsistencies in the dying declaration did not undermine the proven presence and participation of appellants.

Parties
Appellant: Bastiram; Appellant: Mohan Lal; Appellant: Ramnarayan; Appellant: Banwari; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
13 February 2014
Procedural Posture
Criminal Appeal / Appeal to Supreme Court
Outcome
Appeals dismissed; convictions and sentences confirmed
Legal Topics
Murder, Dying Declaration, Medical Evidence Vs Ocular Evidence, Common Intention, Firearm Injuries
Criminal Law Evidence Penal Code Murder Dying Declaration Medical Evidence Vs Ocular Evidence Common Intention Firearm Injuries

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Parties

Bastiram

Appellant

Mohan Lal

Appellant

Ramnarayan

Appellant

Banwari

Appellant

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court

Legal Issues

  1. 1 Whether appellant Bastiram was present at the scene and participated in the offence
  2. 2 Whether ocular evidence should be preferred to medical/post-mortem evidence regarding gunshot injuries
  3. 3 Weight to be given to a dying declaration that is inconsistent with other statements

Ratio Decidendi

Concurrent findings of the Trial Court and High Court that the appellants were present, armed with pistols, fired at victims with intention to kill and therefore were guilty under Section 302 IPC r/w Section 34 (and Section 307 r/w 34 where applicable) are upheld; cogent and consistent ocular evidence was preferred over medical opinion that there was no firearm injury to one deceased, and the inconsistencies in the dying declaration did not undermine the proven presence and participation of appellants.

Court Disposition

Appeals dismissed; convictions and sentences confirmed

Orders

  • Convictions under Section 302 Indian Penal Code read with Section 34 confirmed
  • Convictions under Section 307 Indian Penal Code read with Section 34 confirmed