NAEEM versus STATE OF UTTAR PRADESH

NAEEM versus STATE OF UTTAR PRADESH

The dying declaration (Ext. Ka-6) was held to be cogent, consistent, trustworthy and reliable, the deceased was certified by the doctor and PW-5 to be fit and conscious when making it, and accordingly it could form the sole basis to convict accused No.1 (Pappi @ Mashkoor); however, because the dying declaration only states that accused Nos.2 and 3 'aided' accused No.1 without specifying their roles, they were entitled to benefit of doubt and acquitted.

Parties
Appellant / Accused No.1: Pappi @ Mashkoor; Appellant / Accused No.2: Naeema; Appellant / Accused No.3: Naeem; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
05 March 2024
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court; Judgment on Appeal Dated 05 March 2024
Outcome
Appeals allowed in part: convictions and sentences of accused No.2 (Naeema) and accused No.3 (Naeem) quashed and set aside; conviction and sentence of accused No.1 (Pappi @ Mashkoor) upheld.
Legal Topics
Dying Declaration, Corroboration Rule of Prudence, Voluntariness, Sole Basis of Conviction, Acquittal for Benefit of Doubt
Criminal Law Evidence Dying Declaration Corroboration Rule of Prudence Voluntariness Sole Basis of Conviction Acquittal for Benefit of Doubt

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Parties

Pappi @ Mashkoor

Appellant / Accused No.1

Naeema

Appellant / Accused No.2

Naeem

Appellant / Accused No.3

State of Uttar Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court; Judgment on Appeal Dated 05 March 2024

Legal Issues

  1. 1 Whether a conviction can be based solely on a dying declaration
  2. 2 Whether the dying declaration (Ext. Ka-6) was made by the deceased in a fit state of mind and free from tutoring or prompting
  3. 3 Whether there was sufficient material to convict all accused or only accused No.1

Ratio Decidendi

The dying declaration (Ext. Ka-6) was held to be cogent, consistent, trustworthy and reliable, the deceased was certified by the doctor and PW-5 to be fit and conscious when making it, and accordingly it could form the sole basis to convict accused No.1 (Pappi @ Mashkoor); however, because the dying declaration only states that accused Nos.2 and 3 'aided' accused No.1 without specifying their roles, they were entitled to benefit of doubt and acquitted.

Court Disposition

Appeals allowed in part: convictions and sentences of accused No.2 (Naeema) and accused No.3 (Naeem) quashed and set aside; conviction and sentence of accused No.1 (Pappi @ Mashkoor) upheld.

Orders

  • Criminal Appeal No. 1978 of 2022 qua appellant Naeem and Criminal Appeal No. 1979 of 2022 qua appellant Naeema are allowed; the order of conviction and sentence dated 24th October 2017 in respect of the said appellants is quashed and set aside and they are acquitted of all charges and directed to be released...
  • Criminal Appeal No. 1979 of 2022 qua appellant Pappi @ Mashkoor is dismissed.