Allahabad HC upholds murder conviction despite hostile witnesses

Victim's dying declaration remains central to murder case

The dying declaration was recorded at 4:48 PM on January 4, 2017, at the District Hospital. The victim died in the early hours of January 5, 2017, due to shock and extensive ante-mortem burn injuries.

Regarding the witnesses, the court remarked, "In the present case winning over the prosecution witnesses cannot be ruled out, particularly in view of the fact that the dying declaration was piously recorded by the Tehsildar after the doctor had declared the injured fit enough to give the statement". The court noted that it cannot sit in the armchair of the Special Executive Magistrate to test the subjective satisfaction of the sufficiency of material.

Hostile witnesses do not invalidate dying declaration

The High Court dismissed the defence argument that the dying declaration should be rejected because of hostile witnesses. The court stated that hostile testimony does not automatically invalidate a dying declaration. The Times of India reported that the court reaffirmed this as a dying declaration exception under the Evidence Act.

During the trial, the deceased's mother, sister, maternal aunt, and brother were declared hostile after they denied the occurrence or claimed the burn injuries were accidental.

In a separate matter, the Delhi High Court rejected Neha Bora's challenge to a notice issued by a Special Executive Magistrate. The notice required Bora, the All India Students Association president, to execute a personal bond of ₹10,000 to maintain peace.

This notice was issued by Delhi Police on October 18, directing her to appear before the magistrate on October 19. The notice was issued under Sections 126 and 130 of the Bharatiya Nagarik Suraksha Sanhita. The court stated that the notice met the legal requirements for initiating preventive proceedings.

Bora alleged that the proceedings curb peaceful dissent and violate her fundamental rights to freedom of speech, assembly, and personal liberty.

Court finds forensic evidence consistent with victim's statement

The court also highlighted that the prosecution proved the motive and the participation of the in-laws in the conspiracy to kill the victim.

The accused challenged their convictions by arguing the deceased was not fit to make a statement. They also questioned the absence of kerosene oil odour in the post-mortem report and alleged that pages were missing from the hospital bed-head ticket.

Senior Advocate Gopal Sankaranarayanan appeared for Neha Bora alongside advocates Abhik Chimni, Pranjal Abrol, Ayan Das Gupta, Moksha Sharma, Gurupal Singh, Kartik Venu, Vishal Sinha, Kanish Garg, Indu Mugi C and Aayushman Aggarwal. ASG Chetan Sharma and CGSC Ashish K Dixit appeared for the Delhi Police with advocates Umar Hashmi, Amit Gupta, Shubham Sharma, Naman, Adhiraj Singh and Shaurya R Rai.

High Court acquits two individuals due to lack of identification

The High Court acquitted two other accused, Vipin and Madan, after finding that their identities were not established. The court distinguished the husband and parents from these two individuals because the former were known to the informant and the deceased.

No test identification parade was conducted for Vipin and Madan, and witnesses failed to recognize them in court. The High Court set aside their convictions and directed that they be released forthwith if they were not wanted in any other case.

Original trial court sentencing of accused

The deceased had been married to Anuj Kumar for approximately three years before she was allegedly burnt with kerosene oil at her matrimonial home in Budaun on January 4, 2017. All five accused were originally convicted under Section 302 read with Section 149 of the Indian Penal Code and sentenced to life imprisonment.

The trial court had originally sentenced the husband to life imprisonment and the in-laws to ten years each for their role in the murder.