Application of Section 34 of the Indian Penal Code, 1860 (IPC) — Common Intention of the Accused Persons Duly Proved — Dying Declaration Accepted as Substantial Evidence — Forensic Science Report Noted Insignificant in the Presence of Reliable Witnesses — Appeals Dismissed with Direction for Surrender

(a) The testimony of PW-1 and PW-2 on the dying declaration was consistent and reliable. (b) Minor discrepancies in forensic reports were deemed irrelevant when weighed against credible witness statements. (c) Section 34 IPC was rightly applied, proving the common intention of the accused. (d) The Supreme Court found no reason to interfere with the well-reasoned judgments of the Trial Court and High Court.

The appellants were granted one month to surrender for the remainder of their sentence. The Court directed the government to consider the appellants' eligibility for permanent remission at the earliest possible date.

The Supreme Court dismissed the appeals, affirming the conviction and sentence of life imprisonment imposed by the lower courts.

Acts and Sections Discussed:

1. Constitution of India, 1950 — Article 136

2. Indian Penal Code, 1860 — Section 302 — Section 34

3. Arms Act, 1959 — Section 25(1B)(a) — Section 27(1)

Subjects:

Criminal Appeal — Life Imprisonment — Dying Declaration — Common Intention — Conviction Upheld — Reliable Witness — Forensic Science Report — Weapon Recovery — Benefit of Doubt — Remission Consideration

Nature of the Litigation: The case involved a challenge to the conviction and sentence of the appellants for the offence of murder under Section 302 read with Section 34 of the Indian Penal Code, 1860.

Relief Sought: The appellants sought reversal of their conviction and sentence of life imprisonment and the quashing of the judgment of the High Court.

Reason for Filing the Case: The appellants contested the findings of the Trial Court and the High Court, arguing that the evidence presented, particularly the dying declaration, was unreliable and that the forensic science report failed to conclusively link the weapon recovered with the bullet found in the deceased’s body.

Previous Decisions: The Trial Court convicted all the appellants under Section 302 read with Section 34 of IPC and sentenced them to life imprisonment. The High Court confirmed the conviction and sentence.

Issues:

1. Whether the dying declaration made by the deceased was reliable and could be the basis for conviction.

2. Whether the failure of the forensic report to match the bullet with the recovered weapon affected the prosecution’s case.

3. Whether the common intention under Section 34 of IPC was established beyond reasonable doubt.

Submissions/Arguments: (a) Appellants argued the improbability of the accused entering the deceased’s house unnoticed and the lack of light making identification questionable. (b) Defense contended that the deceased’s medical condition at the time made his alleged declaration unreliable. (c) The prosecution highlighted consistent witness testimonies and the deceased’s clear identification of the accused.