Can the certificate of fitness granted by the Punjab and Haryana High Court be quashed because it rests on a pure factual assessment of dying declarations and the accused’s alleged concealment?

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Suppose a person is arrested after a violent incident in a market area of a northern city, where a shopkeeper is found dead with multiple stab wounds and the victim’s last words, recorded by a medical officer, a police sub‑inspector and a magistrate, identify the accused and another individual as the assailants; the accused is subsequently tried, convicted of murder under the Indian Penal Code and sentenced to death, and the trial court refers the sentence to the High Court for confirmation, which in turn grants a certificate of fitness for appeal under Article 134(1)(c) of the Constitution, asserting that the evidence is sufficient to sustain the conviction.

The legal problem that emerges from this factual matrix is whether the certificate of fitness, issued by the High Court, is valid when it is predicated on a pure question of fact – namely, the sufficiency of the dying declarations and the accused’s alleged flight – rather than on a point of law or a mixed question of law and fact. The prosecution relies heavily on the three dying declarations, arguing that they are trustworthy because they were made promptly, in the presence of independent officials, and without any indication of coaching. The defence, however, contends that the declarations require corroboration and that the accused’s concealment can be explained by unrelated personal matters, thereby challenging the factual basis of the certificate. Because the certificate determines the very right of the accused to approach the Supreme Court, its validity is crucial; an erroneous grant would allow an appeal on a matter that the Constitution reserves for a higher judicial forum only when a legal question is at issue.

At the procedural stage following the conviction, the accused cannot simply rely on a factual defence in the trial court, as the conviction and death sentence have already been affirmed by the High Court. The only avenue to contest the certificate of fitness is to file a criminal appeal before the Punjab and Haryana High Court, seeking its revocation on the ground that the certificate was issued on a factual premise, which is beyond the scope of Article 134(1)(c). This remedy is distinct from a standard appeal against conviction because it specifically challenges the constitutional validity of the certificate, not the merits of the conviction itself. The accused therefore engages a lawyer in Punjab and Haryana High Court to draft a petition that raises the precise constitutional question and urges the court to set aside the certificate, thereby preventing the matter from proceeding to the Supreme Court on an improper basis.

The procedural route is dictated by the fact that the certificate of fitness is a discretionary power exercised by a High Court, and any error in its grant can be reviewed only by that same High Court through a criminal appeal. The investigating agency’s FIR, the recorded dying declarations, and the subsequent arrest records form the evidentiary backdrop, but they do not, by themselves, resolve the constitutional issue. The accused’s counsel must therefore argue that the High Court overstepped its jurisdiction by deciding a factual sufficiency issue, which is reserved for the Supreme Court only when a point of law is involved. By filing the appeal, the accused seeks a writ of certiorari‑type relief, effectively asking the Punjab and Haryana High Court to quash the certificate and restore the proper procedural hierarchy.

In preparing the petition, the lawyer highlights that the dying declarations, while admissible under Section 32 of the Indian Evidence Act, are subject to the requirement of corroboration when the declarant’s statements are the sole basis of conviction. The defence points out that the accused’s concealment, presented by the prosecution as corroborative, can be plausibly explained by an unrelated family dispute, thereby weakening its probative value. Moreover, the petition stresses that the High Court’s certificate was predicated on the conclusion that the evidence was “sufficient,” a conclusion that necessarily involves an assessment of fact, not law. Consequently, the certificate falls outside the ambit of Article 134(1)(c), which permits a certificate only when the question involves a point of law or a mixed question of law and fact.

The High Court, upon hearing the appeal, must examine whether the certificate was issued on a permissible ground. If it finds that the certificate indeed rested on a factual determination, it will be compelled to set it aside, thereby preventing the appeal from proceeding to the Supreme Court on an unconstitutional foundation. This outcome restores the correct procedural order: the accused may then seek relief, if any, through a proper appeal on the merits of the conviction, or alternatively, may explore other remedies such as a revision petition or a petition for bail, depending on the circumstances of custody.

It is also important to note that the accused remains in custody pending the resolution of the appeal. The petition therefore requests interim relief, seeking the release of the accused on bail pending the decision on the certificate, arguing that continued detention would be oppressive given the pending constitutional challenge. The court’s discretion to grant bail in such circumstances is guided by the principles of fairness and the presumption of innocence until the certificate is either upheld or set aside.

The involvement of the investigating agency, which filed the FIR and presented the dying declarations, underscores the prosecution’s reliance on these statements. However, the defence’s argument that the statements lack independent corroboration aligns with the jurisprudence that dying declarations, though admissible, must be examined for reliability and corroborative support. By focusing the appeal on the constitutional limitation of the certificate, the accused sidesteps the evidentiary debate and instead targets the procedural defect that renders the certificate vulnerable to quashing.

Legal practitioners familiar with the nuances of criminal procedure in the Punjab and Haryana jurisdiction recognize that a certificate of fitness is a powerful tool that can expedite appeals to the Supreme Court, but it is not a blanket authority to bypass factual determinations. Lawyers in Chandigarh High Court often encounter similar issues where the scope of Article 134(1)(c) is contested, and they advise clients to challenge any certificate that appears to be based on a factual assessment rather than a legal question. In the present scenario, the accused’s counsel follows this strategic line, ensuring that the petition before the Punjab and Haryana High Court is meticulously crafted to highlight the constitutional infirmity.

Ultimately, the remedy lies in the criminal appeal before the Punjab and Haryana High Court, seeking the revocation of the certificate of fitness. By successfully setting aside the certificate, the accused not only prevents an improper escalation to the Supreme Court but also preserves the opportunity to contest the conviction on substantive grounds, such as the adequacy of corroboration for the dying declarations and the reasonableness of the death sentence. The procedural solution, therefore, is a focused constitutional challenge within the High Court’s jurisdiction, embodying the principle that the grant of a certificate must be strictly confined to questions of law, not pure factual determinations.

Question: Can the certificate of fitness granted by the High Court be set aside on the ground that it was issued on a pure factual determination concerning the sufficiency of the dying declarations and the accused’s alleged flight?

Answer: The certificate of fitness is a discretionary instrument that the High Court may issue only when the question that underlies the appeal to the Supreme Court involves a point of law or a mixed question of law and fact. In the present scenario, the High Court concluded that the evidence – namely the three dying declarations and the accused’s concealment – was “sufficient” to sustain the conviction. That conclusion inevitably requires an assessment of the credibility, reliability and corroborative value of the statements, which are factual determinations. A lawyer in Punjab and Haryana High Court would argue that the constitutional provision does not empower the High Court to adjudicate the factual sufficiency of the prosecution’s case; rather, it may do so only after the Supreme Court has been invited to resolve a legal issue. The defence can therefore move a criminal appeal before the same High Court, seeking a writ‑like remedy that quashes the certificate on the basis that it overstepped its jurisdiction. The appellate court must examine whether the certificate was predicated on a factual enquiry, and if so, it must be set aside because the Constitution reserves such factual determinations for the trial court or the Supreme Court when a legal question is raised. The practical implication of a successful challenge is that the route to the Supreme Court is closed, and the accused must pursue the ordinary appeal on the merits of the conviction. Moreover, the quashing of the certificate restores the procedural hierarchy, ensuring that the High Court does not become a gateway for appeals that are not grounded in a legal controversy. This approach aligns with the jurisprudence that the certificate cannot be a substitute for a full evidentiary assessment, and it safeguards the constitutional balance between the courts.

Question: What is the effect of a quashed certificate of fitness on the accused’s ability to approach the Supreme Court and on the continuation of the death sentence?

Answer: When the High Court nullifies the certificate of fitness, the statutory gateway that permits a direct appeal to the Supreme Court under the constitutional provision disappears. Consequently, the accused loses the procedural right to file a petition before the apex court on the basis of the previously alleged legal question. The immediate legal consequence is that the appeal must now be confined to the ordinary criminal appeal process within the jurisdiction of the Punjab and Haryana High Court, where the merits of the conviction and the death sentence can be examined. The quashing does not, by itself, alter the conviction or the sentence that were affirmed by the High Court; it merely removes the special avenue for escalation. Practically, the accused remains under the death sentence, and the prosecution retains the authority to carry out the execution unless the appellate court stays the sentence pending a full merits review. The defence can seek a stay of execution by filing a petition for bail or a revision, arguing that the pending constitutional challenge creates a substantial question of law that merits a temporary suspension of the death penalty. The High Court, acting as a court of first appeal, may grant interim relief if it is convinced that the continued execution would be oppressive in view of the unresolved legal issues. The removal of the certificate also means that any future Supreme Court intervention would have to arise from a regular appeal on the merits, which is a lengthier and more rigorous process. Thus, while the quashed certificate curtails the immediate route to the Supreme Court, it does not automatically provide relief from the death sentence; the accused must now rely on the ordinary appellate mechanisms and possible interim bail to preserve life pending a comprehensive review.

Question: Can the three dying declarations, without independent corroboration, sustain a conviction for murder under the evidentiary principles governing such statements, and how might the defence challenge their reliability?

Answer: Dying declarations are admissible when the declarant is believed to be on the verge of death and makes the statement voluntarily. However, the law requires that the court assess the trustworthiness of the declaration, especially when it forms the sole basis of conviction. In the factual matrix, the victim’s statements were recorded by a medical officer, a police sub‑inspector and a magistrate, which bolsters their reliability. Yet, the defence can argue that the absence of independent corroboration renders the declarations vulnerable to doubt. Lawyers in Chandigarh High Court would emphasize that corroboration is not a rigid requirement but a safeguard against wrongful conviction where the declarant’s capacity, opportunity for coaching, or consistency is questionable. The defence may point to the victim’s severe injuries, the possibility of unconsciousness, or the stress of the situation as factors that could impair accurate identification. Moreover, the defence can highlight any inconsistencies in the three statements, however subtle, and question the procedural safeguards during recording, such as whether the victim was under duress or influenced by the officials present. The lack of any eyewitness testimony or forensic evidence linking the accused to the crime further weakens the evidential foundation. By invoking the principle that a conviction must rest on proof beyond reasonable doubt, the defence can contend that the dying declarations, standing alone, do not meet this threshold without corroborative support. The court, therefore, must scrutinize the circumstances of each declaration, the medical condition of the victim at the time, and any potential bias of the recording officials. If the court finds that the declarations are not sufficiently reliable, the conviction may be set aside or remanded for retrial, underscoring the critical role of corroboration in cases hinging on dying statements.

Question: What procedural avenues remain for the accused after challenging the certificate of fitness, including possibilities for bail, revision, or other remedies, and how does the investigating agency’s role affect these options?

Answer: Once the certificate of fitness is contested, the accused must pursue the ordinary criminal appeal before the Punjab and Haryana High Court, which provides a platform to argue both factual and legal deficiencies in the conviction. In parallel, the accused may file an application for bail, asserting that continued detention is oppressive given the pending constitutional challenge and the absence of a final determination on the merits. The High Court, exercising its discretion, can grant bail if it is satisfied that the accused is not a flight risk and that the balance of convenience favours release. Additionally, the accused can file a revision petition under the appropriate procedural remedy, seeking a review of the trial court’s findings on the basis that the evidence, particularly the dying declarations, was insufficient. The investigating agency, which lodged the FIR and presented the dying declarations, remains a party to the proceedings and may be called upon to justify the evidentiary value of its material. Its continued participation can either reinforce the prosecution’s case or, if the agency’s evidence is found wanting, undermine the conviction. The defence may also move for a writ of certiorari‑type relief, asking the High Court to quash the certificate and, simultaneously, to stay the execution of the death sentence pending a full merits hearing. The strategic use of these procedural tools hinges on the timing of filings and the court’s willingness to entertain interim relief. Lawyers in Punjab and Haryana High Court would advise that a coordinated approach—combining an appeal on the merits, a bail application, and a revision—maximizes the chances of obtaining relief while preserving the right to challenge the conviction comprehensively.

Question: How does the involvement of a lawyer in Chandigarh High Court or lawyers in Punjab and Haryana High Court shape the strategy for filing the appeal and seeking interim relief in this case?

Answer: The choice of counsel experienced in the relevant high courts profoundly influences both the substantive and procedural posture of the case. A lawyer in Chandigarh High Court, familiar with the nuances of constitutional challenges to certificates of fitness, can craft the appeal to emphasise the jurisdictional overreach of the High Court that issued the certificate. This counsel will frame the petition to highlight that the certificate was predicated on a factual enquiry, thereby invoking precedent that restricts such certificates to legal questions. Simultaneously, lawyers in Punjab and Haryana High Court, who routinely handle death‑penalty appeals, can focus on the evidentiary deficiencies, particularly the lack of corroboration for the dying declarations, and argue that the conviction fails to meet the standard of proof beyond reasonable doubt. Their expertise enables them to navigate the procedural intricacies of filing a criminal appeal, a bail application, and a revision petition in a coordinated manner. Moreover, seasoned counsel can anticipate the prosecution’s arguments, prepare cross‑examination strategies for the officials who recorded the dying declarations, and request forensic re‑examination if available. The strategic advantage also lies in leveraging the court’s discretion for interim relief; an experienced lawyer can demonstrate that continued incarceration under a death sentence, while the constitutional issue remains unresolved, is oppressive and contrary to the principles of fairness. By presenting a comprehensive dossier that intertwines constitutional, evidentiary, and humanitarian arguments, the counsel maximises the likelihood of obtaining a stay of execution and, ultimately, a favorable judgment on the merits. The combined expertise of lawyers in both high courts ensures that the appeal is robust, procedurally sound, and attuned to the specific judicial attitudes of each forum.

Question: On what legal and procedural grounds does the accused’s challenge to the certificate of fitness fall within the jurisdiction of the Punjab and Haryana High Court rather than any other forum?

Answer: The factual matrix shows that the trial court convicted the accused of murder and imposed a death sentence, after which the same High Court that confirmed the conviction also issued a certificate of fitness for appeal to the Supreme Court. Under the constitutional scheme, a certificate of fitness is a discretionary power exercised by a High Court, and any error in its grant may be reviewed only by that High Court through a criminal appeal. The Punjab and Haryana High Court therefore retains original jurisdiction to entertain a petition that questions whether the certificate was issued on a permissible ground. The certificate was predicated on a pure factual determination – namely, that the dying declarations and the accused’s alleged flight were “sufficient” to sustain the conviction – which falls outside the limited scope of Article 134(1)(c) that permits a certificate only when the dispute involves a point of law or a mixed question of law and fact. Because the High Court’s own decision is the subject of the challenge, the procedural rule of “same‑court review” applies, preventing the matter from being taken directly to the Supreme Court without first correcting the jurisdictional defect. Consequently, the accused must file a criminal appeal before the Punjab and Haryana High Court, seeking the revocation of the certificate on the ground that it was issued on a factual basis. This appeal is distinct from a standard appeal against conviction; it targets the constitutional validity of the certificate, not the merits of the conviction. The procedural consequence is that the High Court will examine its own exercise of discretion, and if it finds the certificate invalid, it will set it aside, thereby restoring the proper hierarchy of appeals. The accused therefore engages a lawyer in Punjab and Haryana High Court to draft and file the appeal, ensuring that the challenge is lodged in the only forum empowered to review the certificate’s grant.

Question: Why might the accused look for a lawyer in Chandigarh High Court when seeking interim relief such as bail, even though the substantive appeal is before the Punjab and Haryana High Court?

Answer: The accused remains in custody pending resolution of the appeal, and the immediate need is to obtain interim relief that can only be granted by the court exercising jurisdiction over the pending proceedings. In practice, the Punjab and Haryana High Court sits in Chandigarh, and the local bar there is accustomed to handling both substantive criminal appeals and interim applications for bail, revision or stay of execution. A lawyer in Chandigarh High Court will be familiar with the procedural nuances of filing a bail application under the prevailing criminal procedure rules, the timing of such applications in relation to a pending appeal, and the evidentiary standards the bench will apply when assessing the risk of flight or interference with the investigation. Moreover, the High Court’s practice directions often require that bail applications be filed in the same registry where the appeal is pending, making the Chandigarh bar the natural point of contact. Engaging lawyers in Chandigarh High Court also facilitates swift coordination with the court clerk’s office for filing, service of notice to the prosecution, and attendance at oral arguments, which are critical when the accused’s liberty is at stake. While the substantive challenge to the certificate will be pursued by a lawyer in Punjab and Haryana High Court, the same counsel, or a co‑counsel, will typically handle the bail petition because the procedural posture of the case does not change – the High Court remains the forum. Thus, the accused’s search for a lawyer in Chandigarh High Court is a pragmatic step to secure immediate relief while the larger constitutional challenge proceeds in parallel.

Question: How does the procedural route from the facts – conviction, certificate of fitness, and continued custody – lead the accused to file a criminal appeal, and what are the key stages that the court will examine?

Answer: The factual sequence begins with the FIR, arrest, trial, conviction for murder and death sentence, followed by the High Court’s confirmation of the conviction and issuance of a certificate of fitness. Because the certificate was granted on a factual assessment of sufficiency, the accused’s only avenue to prevent an improper escalation to the Supreme Court is to file a criminal appeal before the Punjab and Haryana High Court. The appeal must articulate that the certificate contravenes the constitutional limitation that it may be issued only when the question involves a point of law or a mixed question of law and fact. The procedural roadmap includes: first, filing a notice of appeal within the prescribed period, attaching a memorandum of points of law and fact, and specifically raising the jurisdictional defect. Second, the court will issue a notice to the prosecution, inviting its response to the claim that the certificate is ultra vires. Third, the court may entertain an interim application for bail, which, as noted, will likely be handled by a lawyer in Chandigarh High Court. Fourth, the High Court will conduct a hearing on the merits of the certificate challenge, examining the record of the dying declarations, the accused’s alleged concealment, and the High Court’s reasoning that the evidence was “sufficient.” The court will assess whether the High Court ventured into a factual determination, which is prohibited, or whether it correctly identified a mixed question of law and fact. If the court concludes that the certificate was improperly granted, it will set it aside, thereby nullifying the pathway to the Supreme Court. The accused may then pursue a regular appeal on the conviction’s merits or explore other remedies such as a revision petition. Throughout, the involvement of lawyers in Punjab and Haryana High Court is essential to navigate the procedural intricacies and to ensure that each filing complies with the High Court’s rules of practice.

Question: Why is a pure factual defence, such as arguing that the dying declarations lack corroboration, insufficient at the stage of challenging the certificate of fitness?

Answer: The certificate of fitness is a procedural instrument that authorises the accused to approach the Supreme Court, but its grant is limited to questions of law or mixed questions of law and fact. When the High Court based its certificate on the conclusion that the evidence – specifically the dying declarations and the accused’s flight – was “sufficient,” it entered the realm of pure fact‑finding. At this juncture, the accused cannot rely solely on a factual defence that the dying declarations are uncorroborated, because the issue before the Punjab and Haryana High Court is not the truth or falsity of those statements but whether the High Court overstepped its constitutional authority. A factual defence is appropriate in a direct appeal against conviction, where the court re‑examines the evidence and may require corroboration. However, the present challenge is a jurisdictional one: the High Court must decide if it was empowered to issue the certificate on a factual basis. Consequently, the accused’s counsel must frame the argument around the constitutional limitation, showing that the certificate was premised on a factual assessment, which is barred, rather than attempting to rebut the evidential weight of the dying declarations. This strategic shift is necessary because the Supreme Court will not entertain a certificate that was improperly granted, regardless of the underlying factual disputes. Moreover, the procedural rule that a certificate may be reviewed only by the same High Court means that the court will scrutinise its own reasoning, not the merits of the evidence. Therefore, a pure factual defence does not address the core legal question, and without raising the jurisdictional defect, the appeal would be dismissed on procedural grounds, leaving the accused without any effective remedy.

Question: Does the certificate of fitness issued by the High Court exceed its constitutional authority because it rests on a pure factual determination rather than a point of law or a mixed question of law and fact?

Answer: The factual matrix shows that the trial court convicted the accused of murder and sentenced him to death, after relying heavily on three dying declarations and the accused’s alleged concealment. The High Court, in granting a certificate of fitness for appeal, expressly stated that the evidence was sufficient to sustain the conviction. The constitutional provision governing such certificates permits their issuance only when the question involves a point of law or a mixed question of law and fact. A pure factual enquiry into the sufficiency of the dying declarations and the relevance of the accused’s flight falls outside this limited scope. A lawyer in Punjab and Haryana High Court must therefore begin by dissecting the High Court’s reasoning to demonstrate that the certificate was predicated on an assessment of credibility, corroboration and motive – matters that are intrinsically factual. The counsel should gather the original dying declaration records, the medical officer’s notes, the police statements and the magistrate’s report to show that the High Court performed a de facto evidentiary appraisal. By highlighting that the High Court did not address any legal interpretation of statutory provisions or procedural safeguards, the petition can argue that the certificate is ultra vires. The procedural consequence of a successful challenge is the quashing of the certificate, which prevents the matter from leaping to the Supreme Court on an unconstitutional footing. Practically, this forces the prosecution to pursue a conventional appeal on the merits, giving the accused a renewed opportunity to contest the conviction, the death sentence and to seek commutation. Moreover, the removal of the certificate may open the door for interim relief such as bail, because the appellate route to the apex court would be temporarily closed. The strategic focus, therefore, is to frame the certificate as a jurisdictional overreach, compelling the High Court to revisit its discretion and align it with the constitutional limitation that only legal questions may trigger a certificate of fitness.

Question: How can the defence undermine the reliability of the dying declarations and argue for the necessity of corroboration despite their apparent compliance with evidentiary rules?

Answer: The defence must first acknowledge that the dying declarations were recorded by a medical officer, a police sub‑inspector and a magistrate, which ordinarily satisfies the statutory requirements for admissibility. However, the strategic aim is to demonstrate that the declarations, while formally admissible, suffer from substantive infirmities that demand corroboration. A lawyer in Chandigarh High Court would examine the timing of each statement, the victim’s medical condition, and any possible external influence. The medical officer’s notes should be scrutinised for signs of impaired consciousness, pain‑induced delirium or medication that could affect the victim’s perception. The police sub‑inspector’s report must be checked for leading questions or any indication that the victim was coached, especially given the presence of multiple officials who might have inadvertently suggested identities. The magistrate’s record can be probed for procedural lapses, such as failure to read the declaration back to the victim for confirmation. By constructing a narrative that the victim, in a state of severe trauma, could have been susceptible to suggestion, the defence creates reasonable doubt about the veracity of the statements. Additionally, the defence should highlight the absence of any independent eyewitnesses or forensic evidence linking the accused to the crime scene, thereby emphasizing the lack of corroborative material. The accused’s alleged concealment, presented by the prosecution as corroboration, can be reframed as a consequence of an unrelated personal dispute, supported by testimony from family members or prior police reports. The practical implication of this strategy is twofold: it weakens the prosecution’s evidentiary foundation and provides the court with a basis to question whether the conviction rested on uncorroborated dying declarations, a circumstance that may merit commutation of the death sentence or even reversal of the conviction. Lawyers in Chandigarh High Court would therefore advise the accused to file a detailed memorandum challenging the reliability of each declaration and to request a forensic re‑examination of the victim’s medical records, thereby creating a robust platform for appeal.

Question: What are the prospects and procedural requirements for obtaining bail while the appeal against the certificate of fitness is pending, and how should the accused’s custodial rights be protected?

Answer: The accused remains in custody after the conviction and the issuance of the certificate of fitness, which intensifies the urgency of securing interim relief. A lawyer in Chandigarh High Court can argue that continued detention is oppressive, especially since the constitutional validity of the certificate—a pivotal gateway to the Supreme Court—is under challenge. The bail application must satisfy the court that the accused is not a flight risk, that the alleged offences are not of a nature that endanger public safety, and that the pending appeal does not render the bail order futile. The counsel should submit affidavits from family members, proof of residence, and a surety bond, while also highlighting the lack of fresh evidence that would justify the death sentence. The procedural route involves filing a bail petition under the relevant criminal procedure code, attaching a copy of the appeal filing, and requesting that the bail be conditioned upon the accused’s surrender of his passport and regular reporting to the police station. The court will consider the seriousness of the offence, the strength of the evidence, and the fact that the appeal is limited to a jurisdictional issue rather than a substantive challenge to guilt. If bail is granted, it provides the accused with the liberty to assist in his defence more effectively, including coordinating with forensic experts and gathering witness statements. Conversely, if bail is denied, the defence can seek a writ of habeas corpus, arguing that the detention violates the principle of presumption of innocence pending the resolution of a constitutional question. Lawyers in Punjab and Haryana High Court would advise that any bail order should be meticulously drafted to include strict compliance conditions, thereby mitigating the risk of revocation. The practical implication is that securing bail not only preserves the accused’s personal liberty but also enhances his capacity to mount a comprehensive challenge to both the certificate and the underlying conviction.

Question: Which procedural irregularities in the FIR, investigation and trial can be leveraged to file a revision or writ petition, and how should the accused’s legal team prioritize these defects in their overall strategy?

Answer: The investigative record reveals several points that may constitute procedural defects amenable to judicial scrutiny. First, the FIR was lodged on the basis of a victim’s dying declarations without any contemporaneous eyewitness account or forensic linkage, raising the question of whether the police exercised due diligence in corroborating the allegations before framing charges. Second, the arrest of the accused was effected after a prolonged concealment in a locked room, yet the police report fails to document the chain of custody of the seized items and does not disclose any search warrant, potentially infringing on procedural safeguards. Third, the trial court’s reliance on the dying declarations without a thorough examination of the medical officer’s assessment of the victim’s mental capacity at the time of the statements may be viewed as a lapse in evidentiary scrutiny. A lawyer in Punjab and Haryana High Court can compile these observations into a revision petition, contending that the trial court erred in its appreciation of the evidence and that the investigating agency neglected mandatory procedural steps. Additionally, a writ petition under the appropriate constitutional remedy can be filed, arguing that the accused’s right to a fair trial was compromised by the absence of a proper investigation and the failure to record critical forensic evidence. The defence should prioritize the most glaring defect—namely, the lack of corroborative material beyond the dying declarations—because it directly attacks the foundation of the conviction and may compel the court to set aside the judgment or order a retrial. Simultaneously, the team should prepare a parallel challenge to the certificate of fitness, ensuring that both procedural and constitutional angles are pursued. By coordinating these filings, the accused’s counsel creates multiple avenues for relief, increasing the likelihood that at least one petition will succeed, thereby preserving the possibility of overturning the death sentence or securing a commutation.