Reliable dying declarations can sustain a murder conviction despite minor inconsistencies and hostile eye-witnesses.

Three consistent dying declarations, including a prompt FIR and a statement recorded after medical certification of fitness, were treated as reliable evidence supporting conviction for murder. Minor discrepancies about matters such as the presence of a torch or light were held insignificant in the setting of a victim in pain, and hostile eye-witnesses did not undermine the evidentiary value of the declarations. The declaration recorded by the Tahsildar was accepted, and the conviction under Section 302 of the Indian Penal Code, 1860 was sustained on the strength of the trustworthy dying declarations.

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Issues: Whether the conviction could be sustained on the basis of three dying declarations notwithstanding minor inconsistencies and the hostility of the eye witnesses.

Analysis: The prosecution case rested on the deceased's three statements, namely the FIR, the statement recorded by the investigating officer, and the statement recorded by the Tahsildar after medical certification of fitness. All three consistently named the accused and the discrepancies regarding the presence of a torch or light were held to be insignificant in the context of a victim in pain. The prompt lodging of the FIR further supported the prosecution version. The hostile testimony of the eye witnesses did not discredit the otherwise reliable dying declarations, and there was no basis to reject the declaration recorded by the Tahsildar.

Conclusion: The dying declarations were reliable and the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 was sustained.

Ratio Decidendi: Minor discrepancies in otherwise consistent and medically supported dying declarations do not justify rejection of those declarations where they are found reliable and are promptly recorded.

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