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Criminal LawSupreme Court of India

Muralidhar alias Gidda v. State of Karnataka

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 551 of 2011)Decided 9 Apr 2014
Criminal Appeal No. 551 of 2011
Justice R.M. Lodha · Justice Shiva Kirti Singh

Background

Several men were acquitted of a fatal group assault after eyewitnesses did not support the prosecution and the trial court doubted a recorded dying declaration. The High Court relied on that statement to convict five accused of murder and rioting. They appealed against the reversal of their acquittal.

Decision Breakdown

The Supreme Court allowed the appeals, restored the trial court's acquittal and directed release unless the appellants were needed in another case. The statement had been written from a police officer's dictation rather than directly in the injured man's words, and there were overwriting and later name-insertion concerns. The trial court's doubts were supported by its assessment of the witnesses and records and represented a reasonable possible view. The High Court could not reverse the acquittal merely because it preferred another interpretation of the same evidence.

Lesson Learnt

A dying declaration must be trustworthy, particularly where it is the central evidence. On an acquittal appeal, a reasonable doubt supported by the trial record cannot be displaced just because another court would weigh the evidence differently.

Muralidhar alias Gidda v. State of Karnataka – Legal Case Shots | LegalAware