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Issues: Whether the acquittal recorded by the High Court called for interference on the basis of the ocular evidence, medical evidence, and the alleged dying declaration.
Analysis: In an appeal against acquittal, interference is warranted only for compelling and substantial reasons, and where two views are possible the one favourable to the accused must prevail. The prosecution cannot improve its case by introducing a new version to reconcile material inconsistencies between the original occurrence story and the medical evidence. Where the medical evidence indicates close-range firing and the prosecution version does not fit that evidence, the prosecution case becomes doubtful. A statement cannot be treated as a dying declaration unless it is the voluntary statement of the deceased; a narration effectively given by another person and merely echoed by the injured cannot acquire that character.
Conclusion: The High Court's acquittal was justified and did not warrant interference.
Ratio Decidendi: An appellate court should interfere with an acquittal only for compelling and substantial reasons, and a prosecution case must stand on its own evidence without being reconstructed to fit inconsistencies; a statement is not a dying declaration unless it is truly made by the deceased voluntarily.
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