Delhi HC relies on dying declaration, upholds conviction of mobile snatchers

Relying on the dying declaration of a deceased, the Delhi High Court showed no mercy to three bike-borne mobile snatchers and upheld their conviction for committing murder and robbery.

A Division Bench of Justice Manmohan and Sangita Dhingra Sehgal passed the order on a petition filed by Nikhil Saxena, Vishal Sonkar and Punit, challenging their conviction by the trial court under the charges of murder, robbery, common intention, and provisions of the Arms Act.

The court also upheld the trial court's order sentencing them to undergo rigorous imprisonment for life.

"Keeping in view the circumstances, especially the dying declaration of the deceased... this court is of the view that all circumstances conclusively point towards the guilt of the appellants-convicts. Consequently, it stands proved beyond a reasonable doubt that the appellants-convicts, with common intention, committed the murder of the deceased," the court stated.

The court also considered the testimonies of two witnesses -- Devender Pratap Mishra and Yashpal -- medical and scientific evidence submitted before it.

According to prosecution, deceased Naresh, who worked at Bharat Petroleum Petrol Pump in North Delhi's Adarsh Nagar, went to bring tea from a nearby stall on April 13, 2018. When he did not return for almost half an hour, two of his co-workers who are also the witnesses in the case, went to look for him.

After walking some distance, they saw Naresh lying on the ground and three convicts standing near him. After seeing them those three convicts fled on their bike.

Deceased Naresh succumbed to injuries at AIIMS Trauma Centre on the same day of the incident. Naresh told his friends that the three boys had tried to snatch his mobile phone and when he resisted, two boys held him while the third stabbed him using a knife.

The court found merit on dying declaration of deceased made to Devender Pratap Mishra and Yashpal and said that the witnesses to whom the dying declaration was made are natural witnesses and they have withstood the test of cross-examination and their credibility remains intact.