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Supreme Court of India 2020-01-07 dismissed

Purshottam Chopra & Anr vs State (Govt. of NCT Delhi)

Bench: 2 — Dinesh Maheshwari

In Brief

Purshottam Chopra and Suresh (alias Telwala) were convicted of murdering Sher Singh by pouring kerosene on him and setting him on fire. Sher Singh, with 100% burn injuries, made two dying declarations: to Dr. Sushma immediately upon hospital admission, and to SI Rajesh Kumar a few hours later, naming both appellants. The Supreme Court upheld conviction, holding that dying declarations made by a conscious, mentally fit victim can be the sole basis of conviction without corroboration if they inspire confidence. The Court rejected arguments that 100% burns precluded coherent statements, that a Magistrate's presence was mandatory, or that the victim's alleged statement about self-immolation (mentioned only in cross-examination) was credible. The consistent, detailed nature of the two declarations, including specific names and addresses, demonstrated their reliability. The Court affirmed conviction under Sections 302 and 34 IPC.

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Criminal Procedure Evidence Law Dying Declarations Murder Section 34 IPC Witness Credibility Burns Cases

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