STATE OF RAJASTHAN versus WAKTENG

STATE OF RAJASTHAN versus WAKTENG

The appeal is dismissed because Ex.P-10 suffered material infirmities (no evidence the deceased was in a fit state when the statement was recorded; the doctor could not confirm fitness or language; no magistrate's fitness certificate procured) and the claimed recovery of the sword was doubtful (not sent to FSL and...

Source-derived case information.

Parties
Appellant: State of Rajasthan; Respondent: Wakteng
Jurisdiction
India
Judgment Date
07 June 2007
Procedural Posture
Criminal Appeal No. 677 of 2002 / Appeal to the Supreme Court From the Judgment and Order Dated 04.05.2001 of the High Court of Judicature for Rajasthan at Jodhpur (d.b. Crl. Appeal No. 526 of 1993)
Outcome
Appeal dismissed; acquittal of the respondent by the High Court upheld
Legal Topics
Dying Declaration, Admissibility of Statements Recorded by Police, Recovery of Weapon (section 27 Evidence Act), Sections 302, 324, 326 IPC, Sections 27 and 32, Evidence Act, 1872, Section 313 Cr.p.c.
Criminal Law Evidence Law Dying Declaration Admissibility of Statements Recorded by Police Recovery of Weapon (section 27 Evidence Act) Sections 302, 324, 326 IPC Sections 27 and 32, Evidence Act, 1872 Section 313 Cr.p.c.

Source-derived case record

Summary, issues, holding and outcome

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Parties

State of Rajasthan

Appellant

Wakteng

Respondent

Procedural Posture

Criminal Appeal No. 677 of 2002 / Appeal to the Supreme Court From the Judgment and Order Dated 04.05.2001 of the High Court of Judicature for Rajasthan at Jodhpur (d.b. Crl. Appeal No. 526 of 1993)

Legal Issues

  1. 1 Whether Ex.P-10 can be treated as a dying declaration though recorded by a police officer without endorsement of fitness and not in question-answer form
  2. 2 Whether conviction can safely rest solely on the dying declaration when the statement suffers infirmities
  3. 3 Whether recovery of the sword is reliable when not sent to Forensic Science Laboratory and not put to accused under Section 313 Cr.P.C.

Ratio Decidendi

The appeal is dismissed because Ex.P-10 suffered material infirmities (no evidence the deceased was in a fit state when the statement was recorded; the doctor could not confirm fitness or language; no magistrate's fitness certificate procured) and the claimed recovery of the sword was doubtful (not sent to FSL and not addressed in the accused's Section 313 examination); accordingly the prosecution failed to prove guilt beyond reasonable doubt and the High Court rightly acquitted the respondent.

Court Disposition

Appeal dismissed; acquittal of the respondent by the High Court upheld

Orders

  • Appeal dismissed
  • Order of the High Court directing acquittal of the respondent is upheld