NANHAR AND ORS. versus STATE OF HARYANA

NANHAR AND ORS. versus STATE OF HARYANA

The convictions were set aside because the prosecution failed to establish a complete chain of circumstantial evidence and the purported dying declaration (Ext. PG) did not inspire confidence or meet the conditions for admissible and reliable dying declarations, especially given evidence of excessive alcohol and toxic ingestion affecting handwriting and mental condition; therefore the Trial Court and High Court judgments could not be sustained.

Parties
Appellant: Nanhar; Appellant: Virender @ Binder; Appellant: Rampat; Appellant: Rajbir @ Meda; Appellant: Urned Singh; Respondent: State of Haryana; Deceased: Vijay
Jurisdiction
India
Judgment Date
11 June 2010
Procedural Posture
Criminal Appeal / Appeal to Supreme Court Against Conviction Under Sections 302/149 Ipc; Supreme Court Judgment Allowing Appeal
Outcome
Appeals allowed; judgment and order of conviction of Trial Court and order of High Court set aside
Legal Topics
Dying Declaration, Circumstantial Evidence, Handwriting Evidence, Toxicology, Inquest, Motive
Criminal Law Evidence Dying Declaration Circumstantial Evidence Handwriting Evidence Toxicology Inquest Motive

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Nanhar

Appellant

Virender @ Binder

Appellant

Rampat

Appellant

Rajbir @ Meda

Appellant

Urned Singh

Appellant

State of Haryana

Respondent

Vijay

Deceased

Procedural Posture

Criminal Appeal / Appeal to Supreme Court Against Conviction Under Sections 302/149 Ipc; Supreme Court Judgment Allowing Appeal

Legal Issues

  1. 1 Whether the purported dying declaration (Ext. PG) was admissible and reliable
  2. 2 Whether the chain of circumstantial evidence was complete to sustain convictions under Sections 302/149 IPC
  3. 3 Whether the convictions and sentences imposed by Trial Court and upheld by High Court were sustainable given lacunae in prosecution case

Ratio Decidendi

The convictions were set aside because the prosecution failed to establish a complete chain of circumstantial evidence and the purported dying declaration (Ext. PG) did not inspire confidence or meet the conditions for admissible and reliable dying declarations, especially given evidence of excessive alcohol and toxic ingestion affecting handwriting and mental condition; therefore the Trial Court and High Court judgments could not be sustained.

Court Disposition

Appeals allowed; judgment and order of conviction of Trial Court and order of High Court set aside

Orders

  • Judgments and orders of conviction dated 24/11/2006 and 07/05/2008 are quashed and set aside
  • Appellants acquitted and set at liberty forthwith if not required in connection with any other criminal case