Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Act 1872 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence Act, 1872:s. 32 - Dying declaration - Evidentiary value of - Conviction u/s. 302 IPC based by trial court and High Court on two dying declarations - HELD: It is unsafe to record conviction on basis of a dying declaration alone in cases where suspicion is raised as regards its correctness - In such cases court may have to look for same corroborative evidence by treating dying declaration only as a piece of evidence - In the instant case, cumulative factors and surrounding circumstances make it impossible to rely upon the two dying declarations - Prosecution having not proved its case beyond reasonable doubt, accused acquitted on benefit of doubt - Factors to be weighed by court while testing credibility of a dying declaration - Explained - Penal Code, 1860 - s. 302.The appellant (A-1) and two others (A-2 and A-3) were prosecuted for offences, inter alia, punishable u/s. 302 IPC. The prosecution case was that at about 5.00 p.m. on the day of occurrence, A-1 to A-3 chased and attacked the victim with knives causing 63 injuries on his person, which led to his death. According to the medical examination injuries no.1 to 13 and 19 were on the parietal and occipital regions which were grievous in nature. The trial Court, relying upon the two dying declarations-Ext.P.10 recorded by the Sub-Inspector of Police (PW-9) at 6.00 p.m. and Ext.P-8 recorded by the Magistrate (PW-7) at 6.35 p.m. the same day-convicted A-1 and A-3 u/s. 302 IPC and acquitted A-2 of all the charges. On appeal, the High Court acquitted A-3 but confirmed the conviction of A-1, who filed the instant appeal.It was contended for the appellant that the two dying declarations could not be relied upon inasmuch as the doctor who was stated to have certified about the fitness of the injured to give statement was not examined as a witness; there was no evidence on record indicating that the injured was in a fit condition to make the statement; there were inconsistencies between the two dying declarations; and that the evidence of the Professor and doctor of Forensic Medicine (PW 10), who conducted the post-mortem, which was relevant and material, was altogether ignored by the Courts below.On the questions: (i) whether the two dying declarations could be held to be true and voluntary and could be relied upon to convict the appellant and (ii) whether the dying declarations suffered from any serious infirmities requiring their exclusion from consideration. |
Judge | Hon'ble Mr. Justice B. Sudershan Reddy |
Neutral Citation | 2007 INSC 978 |
Petitioner | Nallapati Sivaiah |
Respondent | Sub-divisional Officer, Guntur, A.p. |
SCR | [2007] 10 S.C.R. 347 |
Judgement Date | 2007-09-26 |
Case Number | 1315 |
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