Case Note & Summary
The appeal arose from the conviction of the appellant for the murder of his wife Nirmalabai under Section 302 of the Indian Penal Code. The prosecution alleged that on 12 April 2001, the appellant poured kerosene on the deceased and set her on fire, causing 95% burn injuries which led to her death. The trial court relied on two dying declarations—one recorded by a Police Sub-Inspector (PSI) and another by a Special Executive Magistrate—as well as oral dying declarations made to relatives and a child witness. The appellant challenged the reliability of these dying declarations, contending that the victim, with 95% burns, could not have been conscious enough to make reliable statements and that the PSI's declaration lacked a contemporaneous doctor's endorsement of fitness. The State supported the trial court's findings. The High Court analyzed the evidence of the doctor who certified the victim's consciousness and the PSI who recorded the statement. The Court found that before recording the dying declaration, the PSI had sent a letter to the medical officer, who after examining the patient opined she was conscious and oriented. The dying declaration was then recorded. The Court held that the procedure was properly followed and the dying declaration was admissible and could be read in evidence. The Court was in the process of perusing the dying declaration and other evidence when the record truncates. The final outcome of the appeal is not ascertainable from the provided text.
Headnote
A) Evidence - Dying Declaration - Admissibility - Indian Evidence Act, 1872, Section 32 - The deceased sustained 95% burn injuries - The medical officer examined her and certified she was conscious and oriented to give statement - The police officer recorded her dying declaration after this certification - Held that the dying declaration was admissible and could be considered in evidence (Paras 10-14).
Issue of Consideration
Whether the dying declarations were reliable and admissible despite the deceased sustaining 95% burn injuries, and whether the conviction based on such dying declarations was justified.
Law Points
- Dying declaration recorded after medical certification of consciousness is admissible
- Reliability of dying declaration depends on procedural safeguards
- Conviction can be based on sole dying declaration if trustworthy
Case Details
2018 LawText (BOM) (03) 16
Criminal Appeal No. 287 of 2003
S.S. Shinde, S.M. Gavhane
Mr. Satej S. Jadhav for Appellant, Mr. S.M. Ganachari, A.P.P. for Respondent
Vinayak s/o Sadashiv Jadhav
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Nature of Litigation
Criminal appeal against conviction for murder
Remedy Sought
Appellant sought to set aside conviction and sentence of life imprisonment
Filing Reason
Appellant was convicted under Section 302 IPC and sentenced to life imprisonment; challenged the judgment on grounds of unreliable evidence
Previous Decisions
1st Adhoc Additional Sessions Judge, Aurangabad convicted the appellant in Sessions Case No. 130 of 2002 on 27 March 2003
Issues
Whether the dying declarations recorded by the Special Executive Magistrate and PSI were reliable despite the deceased having sustained 95% burns.
Whether the conviction could be based solely on dying declarations without corroboration.
Whether the child witness's evidence was admissible and reliable.
Whether non-examination of material witness Lata was fatal to the prosecution case.
Submissions/Arguments
Appellant: The dying declarations were unreliable because the victim had 95% burns and was not conscious; the PSI's dying declaration lacked a doctor's endorsement; the child witness was not administered oath; Lata, who told the complainant, was not examined.
Respondent: The child witness (son) was present and testified; the dying declarations were recorded after medical certification of consciousness and are trustworthy; oral dying declarations were given to relatives.
Ratio Decidendi
A dying declaration recorded after obtaining a medical officer's opinion that the patient is conscious and oriented, and after following due procedure, is admissible in evidence.
Judgment Excerpts
On conjoint reading of the evidence of PW4 PSI Ghuge and PW9 Dr. Vithal s/o Nathujai Rodge, a medical officer, it is clear that before recording dying declaration Exhibit 18, PSI Ghuge gave a letter to PW9 Dr. Vithal Rodge to examine whether the patient was conscious enough to give such declaration, thereafter medical officer PW9 Dr. Vithal Rodge, examined the patient and endorsed on the said letter Exhibit 17 to the effect that 'Patient is conscious, oriented and may give statement at present.'
Thus it is clear that after completing all formalities, the dying declaration Exhibit 18 has been recorded by PSI Ghuge and therefore the same can be read in evidence.
Procedural History
The appellant was convicted by the 1st Adhoc Additional Sessions Judge, Aurangabad in Sessions Case No.130 of 2002 on 27th March, 2003, for the offence under Section 302 IPC and sentenced to life imprisonment and fine. He preferred Criminal Appeal No.287 of 2003 before the High Court. The High Court heard arguments and reserved judgment on 23rd February, 2018, and pronounced judgment on 1st March, 2018.
Acts & Sections
- Indian Penal Code, 1860: 302
