Case Note & Summary
The appeal arose from an acquittal in a dowry harassment and murder case. The deceased Manisha, married to the son of the accused, suffered 99% burn injuries on 25-11-2007 after an altercation with her father-in-law and mother-in-law, and she died on 2-12-2007. The prosecution alleged that the mother-in-law caught her hands while the father-in-law poured kerosene and set her on fire. The case was based on two written dying declarations recorded by the Naib Tahsildar and a police officer, and oral dying declarations made to her parents and other relatives. The trial court, after examining six witnesses, acquitted both accused, holding the dying declarations unreliable. On appeal, the State contended that the dying declarations were consistent and corroborated by the witnesses, but the respondents argued that the victim was in no condition to make a statement, as certified by a doctor on the day of the incident, and that the oral declarations were contradictory and given by interested witnesses. The High Court scrutinized the evidence and noted that Dr. Deshpande had endorsed on Exhibit 49 on 25-11-2007 that the patient was unfit for a dying declaration and was disoriented. Although Dr. Bhuyar later certified fitness for the declaration on 26-11-2007, his cross-examination revealed that he did not specifically record physical or mental fitness, creating doubt about the decedent’s capacity. The court found material omissions and contradictions in the testimony of the parents and relatives who claimed to have heard oral declarations; for instance, P.W.1 omitted the version that both accused tied the deceased’s hands, and P.W.2 admitted he never told the police about the specific role of the accused. These inconsistencies, coupled with the medical opinion, rendered the dying declarations unreliable. The High Court reiterated the well-settled principle that while a conviction can rest solely on a dying declaration if it inspires confidence, corroboration is necessary when its reliability is in doubt. Finding the trial court had not committed any error in its appreciation of evidence, the appeal was dismissed and the acquittal confirmed.
Headnote
A) Criminal Law - Dying Declaration - Reliability Test - Indian Penal Code, 1860, Sections 302, 34 - The deceased who suffered 99% burns made oral dying declarations to her parents and relatives, and two written dying declarations were recorded by an Executive Magistrate and a police officer. Medical evidence showed that on the day of admission the deceased was disoriented and unfit to give a statement, and the doctor who later certified fitness made admissions casting doubt on the assessment. Material omissions and contradictions in the oral declarations rendered them unreliable. The trial court acquitted the accused after finding the dying declarations unreliable, and the High Court upheld the acquittal, holding that a dying declaration must be scrutinised with caution, and when its reliability is doubtful, corroboration is essential. No error was found in the trial court's assessment. (Paras 15, 16, 21)
Issue of Consideration
Whether the oral and written dying declarations of the deceased, who sustained 99% burn injuries, are reliable and sufficient to sustain conviction under Section 302 read with Section 34 of the Indian Penal Code?
Final Decision
Appeal dismissed; acquittal confirmed.
Law Points
- Conviction can be based solely on a dying declaration if it is reliable and inspires confidence
- if doubtful
- corroboration is necessary.
