NDLI: Rajaram Vs. State of Madhya Pradesh & Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Evidence Act 1872
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Evidence Act, 1872 – s. 32 – Inconsistencies between Multiple dying declaration – Prosecution case that victim-deceased was brought to hospital by her husband (appellant) in burnt condition – Her first dying declaration (Ex. P-11) was recorded in which appellant was not named – Her second dying declaration (Ex. P-26) was recorded by the police before she succumbed to the injuries in which she named her husband – The trial Court convicted one accused u/s. 302 IPC and the appellant & other accused for the offences u/s. 498A of IPC – Appellant and other accused challenged their conviction and sentence, however, the High Court rejected their appeals – High Court in its judgment accepted the first dying declaration and rejected the second dying declaration recorded by the police – On appeal, held: The weight and utility of a dying declaration depend upon the surrounding circumstances and the credibility which the court attaches to it, having regard to the evidence led before it – Therefore, whether it is essential to have medical certification before the statement is recorded, who records it, etc. are all fact dependent, and no stereotypical approach can be adopted by courts – In case of the second dying declaration, the High Court was of the opinion that even though PW-15 was not required to obtain fitness certificate from the doctor, yet in view of the last line in the dying statement that her condition was bad, it was unsafe to rely on such statement – The second dying declaration is the only piece of evidence which names the appellant as one of the perpetrators of cruelty on the deceased along with the other accused – The only evidence against the appellant, i.e., second dying declaration was discredited by the High Court, there is no other material to sustain his conviction – The recoveries of article and the other circumstances do not further the prosecution’s case u/s. 498A as against the appellant – Appellant’s conviction and sentence set aside – Penal Code, 1860 – ss. 302, 307, 304-B,498-A.
Judge	Hon'ble Mr. Justice S. Ravindra Bhat
Neutral Citation	2022 INSC 1296
Petitioner	Rajaram
Respondent	State Of Madhya Pradesh & Ors
SCR	[2022] 16 S.C.R. 99
Judgement Date	2022-12-16
Case Number	2311

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