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of <h1>Death Sentence for Atbir and Life for Ashok Upheld; Dying Declaration Key to Conviction Under 'Rarest of Rare' Doctrine.</h1> <h3>Atbir Versus Govt. of N.C.T. of Delhi</h3> The court upheld the death sentence for Atbir and life imprisonment for Ashok, affirming the lower courts' decisions. The dying declaration of Sonu @ ... - ISSUES PRESENTED and CONSIDEREDThe Court considered several core legal issues in this case:(i) The admissibility and reliability of the dying declaration made by Sonu @ Savita to the Investigating Officer.(ii) Whether the dying declaration, in the absence of corroboration, can be the sole basis for convicting the accused with capital punishment.(iii) The justification for awarding the death sentence to Atbir and life imprisonment to Ashok, considering the principles laid down by the Court regarding capital punishment.(iv) The motive attributed to the accused, particularly regarding the alleged lust for property.ISSUE-WISE DETAILED ANALYSIS(A) Admissibility and Reliability of the Dying DeclarationThe Court analyzed the admissibility and reliability of the dying declaration made by Sonu @ Savita. The legal framework for dying declarations is well established, with the Court noting that such declarations can be the sole basis for conviction if they inspire full confidence in their truthfulness and voluntariness. The Court referred to several precedents, including Munnu Raja v. State of Madhya Pradesh and Paras Yadav v. State of Bihar, which emphasize that while dying declarations must be approached with caution, they do not require corroboration if they are deemed reliable.In this case, Sonu @ Savita's statement was recorded by the Investigating Officer in the presence of a doctor, who certified that she was in a fit mental state to make the declaration. The Court found no infirmity in the declaration, noting that it was consistent and coherent. The medical evidence, including the testimony of doctors who treated Sonu, supported the conclusion that she was capable of making a statement despite her injuries.The Court rejected the defense's argument that the dying declaration was unreliable due to the severity of Sonu's injuries, particularly to her neck. The medical testimony indicated that while Sonu had severe injuries, she was conscious and capable of understanding and responding to questions at the time of the declaration.(B) MotiveThe Court found that the prosecution had successfully established a motive for the crime. The evidence suggested that Atbir and his family were motivated by a desire to inherit property from Jaswant Singh, which was perceived to be threatened by the presence of his second wife and her children. The Court accepted the prosecution's argument that this motive provided a strong rationale for the accused's actions.(C) Justification for Death SentenceThe Court considered the principles laid down in Bachan Singh v. State of Punjab and Machhi Singh v. State of Punjab regarding the imposition of the death penalty. These principles require a balance of aggravating and mitigating circumstances, with the death penalty reserved for the 'rarest of rare' cases.The Court found that the murders committed by Atbir were extremely brutal and diabolical, with multiple victims, including his stepmother and siblings, killed in a premeditated and ruthless manner. The Court noted the aggravating factors, including the number of victims, the method of killing, and the motive of greed, outweighed any mitigating circumstances. The Court concluded that the case warranted the death penalty for Atbir, as it fell within the 'rarest of rare' category.SIGNIFICANT HOLDINGSThe Court upheld the conviction and sentence of death imposed on Atbir, finding that the dying declaration was reliable and that the crime's brutality justified the capital punishment. The Court also confirmed the life imprisonment sentence for Ashok, finding no grounds for interference with the lower courts' decisions.Key principles established include the sufficiency of a dying declaration as the sole basis for conviction if it is deemed reliable and the application of the 'rarest of rare' doctrine in determining the appropriateness of the death penalty.The Court's final determination was to dismiss both appeals, affirming the sentences imposed by the lower courts.
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