Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Act 1872 - s. 32 -Dying declaration - Death of wife by sustaining 90% |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Evidence Act, 1872 - s. 32 -Dying declaration - Death of wife by sustaining 90% burn injuries - Statement/dying declaration made by wife before polic<; officer and Executive Magistrate as also oral dying declaration before her father - Conviction of husband uls. 302 and sentenced to rigorous life imprisonment by the trial court - However, acquittal by the High Court - On appeal, held: There were two sets of evidence, one the statement made before police officer and Executive Magistrate wherein deceased did not name her husband or her family members and other the oral dying declaration made by the deceased before her father who deposed about the cruelty and ill behavior meted out to the deceased at her matrimonial home - On a careful scrutiny of the materials on record, it is found that both the statements before the police officer and Executive Magistrate are consistent, reliable and fully corroborated - There is no contradiction as to the role of the husband- It becomes very clear that there was no involvement of husband in the commission of offence - Conviction could not be placed on the sole testimony of the father of deceased - Thus, order passed by the High Court upheld - Penal Code, 1860 - s. 302. Dying declaration - Reliance upon - Held: Courts below need to be extremely careful while dealing with a dying declaration since maker not available for cross-examination - Mechanical approach in relying upon a dying declaration is extremely dangerous - Court to consider and weigh all the attendant circumstances and come to the independent finding whether dying declaration was properly recorded and was voluntary and truthful - Dying declaration should be of such a nature as to inspire full confidence of the Court in its correctness - Further, in case of more than one dying declaration, the intrinsic contradictions in those dying declarations are extremely important - It cannot be that a dying declaration which supports the prosecution alone can be accepted while the other innocent dying declarations have to be rejected - However, the courts below are fully entitled to act on the dying declarations and make them the basis of conviction, where dying declarations pass all the said tests - Once the court is convinced that dying declaration is so recorded, it may be acted upon and made a basis of conviction. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2016 INSC 509 |
Petitioner | State Of Gujarat |
Respondent | Jayrajbhaipunjabhaivaru |
SCR | [2016] 3 S.C.R. 265 |
Judgement Date | 2016-07-11 |
Case Number | 1236 |
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