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Criminal LawSupreme Court of India

Suresh @ Hanumant v. State (Govt. of NCT Delhi)

Criminal Appeal · 2025 INSC 324Decided 5 Mar 2025
Crl.A. No.-002685-002685 - 2023 (with connected Crl. Appeal Nos. 1250/2023 and 3685/2023)
Justice Abhay S. Oka · Justice Ujjal Bhuyan

Background

The appellant, along with two co-accused, was convicted of murdering Nagender Yadav on the intervening night of 15-16 May 2012 in Delhi. The prosecution's case rested mainly on the deceased's dying declaration, made separately to his wife and his brother while he was being rushed to hospital with a gunshot wound, naming the appellant as the shooter and the other two as present with him. Both the Trial Court and the Delhi High Court convicted all three accused, and this appeal challenged the reliability of that dying declaration and inconclusive ballistic evidence.

Decision Breakdown

The Supreme Court found the testimony of the deceased's wife and brother about the dying declaration to be natural, consistent, and unshaken despite cross-examination, and held that the accused, who were known to the deceased's family and identified with help of nearby street light, could reasonably have been recognised despite the darkness. It held that the forensic report's inability to conclusively match the recovered bullet to the recovered pistol did not matter once the dying declaration itself was found credible, since that lacuna is "insignificant" against reliable eyewitness evidence of what the dying man said. The Court dismissed the appeals, upholding the convictions and life sentences, and gave the appellants one month to surrender.

Lesson Learnt

A credible and consistent dying declaration can be enough on its own to sustain a murder conviction. Courts look at the overall reliability of such testimony rather than requiring every piece of forensic evidence to independently confirm it.

Suresh @ Hanumant v. State (Govt. of NCT Delhi) – Legal Case Shots | LegalAware