Case Note & Summary
The appeal arose from the conviction of the appellant for the murder of a sixteen-year-old girl by setting her on fire. The appellant was tried for an offence under Section 302 of the Indian Penal Code, 1860. The Sessions Judge, East Godavari Division at Rajahmundry, acquitted the appellant on 31 October 1984 in Session Case No. 50 of 1984, but the High Court of Andhra Pradesh reversed the acquittal in Criminal Appeal No. 324 of 1985 and convicted him, sentencing him to life imprisonment. The appellant then appealed to the Supreme Court under Section 2-A of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. The prosecution case was that the deceased girl and her family were tenants of the appellant's mother-in-law. A dispute arose over enhanced rent from Rs. 120 to Rs. 150 per month. On 4 February 1984, the appellant, along with his mother-in-law and wife, went to the tenanted premises and abused the family, demanding higher rent. The appellant threatened to throw out household articles and remove tiles. When the deceased tried to obstruct him, the appellant went to the kitchen, brought a kerosene tin, poured kerosene on her and set her on fire. The deceased suffered 90 per cent burns and died the next day. The Head Constable recorded her dying declaration Ext. P5, which was attested by independent witnesses. The trial court rejected the dying declarations and oral evidence, but the High Court accepted them. The main legal issue before the Supreme Court was whether the dying declaration recorded by a Head Constable was reliable and whether the High Court was justified in reversing the acquittal. The appellant contended that the dying declaration was not recorded by a Magistrate, not in question-answer form, that the deceased had opportunity to escape, and that the family had tutored her due to an alleged pregnancy and abortion. The Supreme Court examined the evidence and found that independent witnesses had attested the statement, no cross-examination suggested tutoring, and an attempt was made to procure a Magistrate but none was available. Relying on Ramawati Devi v. State of Bihar, the Court held that there is no requirement of law that a dying declaration must be made to a Magistrate, and its weight depends on the facts. The Court found the High Court's reasoning reasonable and weighty and the trial court's rejection against the weight of evidence. Accordingly, the Supreme Court dismissed the appeal and upheld the conviction under Section 302 IPC and life imprisonment.
Headnote
A) Criminal Law - Dying Declaration - Reliability of Dying Declaration Recorded by Police Officer - Indian Penal Code, 1860, Section 302; Code of Criminal Procedure, 1973, Section 161 - The deceased made a dying declaration to a Head Constable after an alleged murder by burning; the appellant contended it was inadmissible as not recorded by a Magistrate or in question-answer form. The Supreme Court held that there is no requirement of law that a dying declaration must be made to a Magistrate, and its evidentiary value depends on the facts and circumstances; because an attempt was made to procure a Magistrate but none was available, and independent witnesses attested the statement without any tutoring, the declaration was accepted as reliable. Held that the dying declaration Ext. P5 was trustworthy and sufficient to support conviction. (Paras 6-8) B) Criminal Trial - Reversal of Acquittal - Standard of Appellate Review - Indian Penal Code, 1860, Section 302 - The trial court acquitted the appellant of murder, but the High Court reversed the acquittal after re-appreciating evidence; the appellant argued the reversal was unjustified because the dying declaration and oral evidence were unreliable. The Supreme Court found that the trial court's rejection of the dying declaration was against the weight of evidence, and the High Court's reasons for accepting the evidence were reasonable and weighty. Held that the High Court's reversal of acquittal was justified and the conviction under Section 302 IPC was upheld. (Paras 5-6)
Issue of Consideration
Whether the High Court was justified in reversing the acquittal based on the dying declaration Ext. P5 recorded by the Head Constable; whether the dying declaration was voluntary and reliable despite being recorded by a police officer and not by a Magistrate; whether the appellant's defence of false implication due to alleged pregnancy and suicide was credible
Final Decision
The Supreme Court dismissed the appeal and upheld the conviction of the appellant under Section 302 IPC and the sentence of life imprisonment, accepting the dying declaration Ext. P5 as reliable.
Law Points
- Dying declaration need not be recorded by a Magistrate
- evidentiary value of dying declaration depends on facts and circumstances
- police officer can record dying declaration when Magistrate unavailable
- acquittal reversal permissible on credible dying declaration
- independent witnesses' attestation strengthens dying declaration
