SUKHAR vs STATE OF U.P.

The Supreme Court upheld the conviction of the appellant under Section 307 IPC for attempted murder, affirming the High Court's ruling that the FIR and statements made by the injured party were not admissible as dying declarations under Section 32 of the Evidence Act. The Court emphasized that the prosecution failed to establish a direct link between the injury and the subsequent death of the victim, which was crucial for a conviction under Section 302 IPC. Consequently, the appeal was dismissed, maintaining the five-year sentence imposed by the lower courts.