Allahabad High Court Acquits Three Accused Convicted of Murder by Trial Court in 1989, Says Dying Declaration Not Reliable

The division bench of Justice Rajiv Gupta and Justice Shiv Shanker Prasad said that there was doubt with respect to the dying declaration of the deceased-victim as its contents were not read out to the deceased himself or to his father.

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The Allahabad High Court recently acquitted three accused who were convicted by the trial court for a murder committed 35 years ago. The division bench of Justice Rajiv Gupta and Justice Shiv Shanker Prasad said that there was doubt with respect to the dying declaration of the deceased-victim as its contents were not read out to the deceased himself or to his father. The high court also stated that there was an unexplained delay in the registration of the First Information Report (FIR) against the accused persons. The case dates back to August 1989 when the deceased (brother of the complainant) was returning to his house along with the complainant and another person. The appellant-accused started beating the deceased brutally over a previous grudge. The deceased, who sustained serious injuries, succumbed to his injuries later. Married Muslim Man Has No Right to Be in Live-in Relationship: Allahabad High Court.

HC on Dying Declaration

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