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As per case facts, the victim, Sagar Ghosh, sustained fatal bullet injuries at his home during election preparations. His wife and daughter-in-law (PW14, PW15) witnessed assailants firing through a grill
...gate. The victim, post-injury, spontaneously named the appellants, Subrata and Bhagirath, as his attackers. He later reiterated their names to police and others before dying. The appellants were convicted by the Sessions Judge for murder, trespass, and arms act offenses. The appeal challenged this conviction. The question arose whether the oral dying declaration, despite minor inconsistencies and investigative delays, was sufficiently admissible and reliable to sustain the conviction. Finally, the High Court affirmed the conviction, ruling that the victim's spontaneous and conscious dying declaration, corroborated by medical evidence and consistent witness testimonies, was admissible and trustworthy, particularly since the appellants failed to establish an alibi.
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