FAHEEM & TUNTUN Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30th of July, 1997 passed in Sessions Trial No. 338/1996 by the 6th Additional Sessions Judge, Durg. By the impugned judgment, the Appellants have been convicted under Section 302 IPC and sentenced to undergo imprisonment for life.

(2.) The facts, briefly stated, are as under:-

(3.) Mrs. Indira Tripathi, learned counsel appearing on behalf of the Appellants, has argued that the evidence of oral dying declaration does not appear to be reliable; looking to the injuries sustained by the Deceased it was not possible that he would have been conscious or alive for more than 12 hours; the police officers had not made any entry in the Rojnamcha about their visit to the place of Deceased; Ahmed Hussain (PW-6) has stated in para 6 of his cross-examination that 3-4 more persons namely- Tuntun and Faheem were also residing in their Basti. She argued that in view of the above, the oral dying declaration becomes highly suspicious and conviction based on solitary circumstance of oral dying declaration cannot be sustained.