1. Conviction under Sections 498-A, 304-B, and 302 IPC based on dying declarations following the deaths of family members. (Para 2 , 3 , 4 )
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1998 Supreme(SC) 711
1998(6) Supreme 257
Supreme Court of India
(From Andhra Pradesh High Court)
G.T. Nanavati & S.P. Kurdukar, JJ.
Sreerama Murthy -Appellant
versus
State of A.P. -Respondent
Criminal Appeal Nos. 580-81 of 1997
Decided on 29-7-1998
Counsel for the Parties :
For the Appellant : G. Ramakrishna Prasad and S. Uday Kumar Sagar Advocates.
For the Respondent : G. Prabhakar, Advocate.
Important Point
Where there were three dying declarations and in third dying declaration there was some improvement to implicate, merely because benefit of doubt was given to co-accused dying declarations could not be branded as non-genuine.
Headnote:Indian Penal Code, 1860-Sections 302/304-B and 498-A-Murder-Conviction for-Justification of-Conviction on basis of dying declarations-Prosecution witnesses did not support prosecution case-Three dying declarations-Trial Court convicting under Section 304-B-High Court convicted under Section 302-Dying declarations found genuine-In last dying declaration there was some improvement attempting to implicate acquitted co-accused-Benefit of doubt arising from third dying declaration given to acquitted accused cannot render same nongenuine-First dying declaration clearly stated accused, husband, set deceased on fire-Conviction confirmed. (Paras 4, 5 & 6)
(ii) Indian Evidence Act, 1872-Section 32 - Dying declaration-Three dying declarations - Some improvement in third dying declaration to implicate co-accused-Benefit of doubt given to co-accused-That cannot make dying declaration non-genuine. (Para 5)
Act Referred
Legal Category Hierarchy
Table of Contents
2. Reliability of dying declarations challenged on grounds of improvements and attempts to falsely implicate other family members. (Para 5 )
3. A dying declaration recorded by a Judicial Magistrate after verifying fitness is reliable, notwithstanding improvements in other declarations or the acquittal of co-accused. (Para 5 )
4. A genuine and truthful dying declaration recorded by a Judicial Magistrate after ascertaining fitness is sufficient to sustain a conviction. (Para 5 , 6 )
5. Conviction confirmed and appeals dismissed. (Para 6 )
6. Does the presence of improvements in some dying declarations invalidate others in the same case?
No. If a particular dying declaration is genuine and truthful—especially one recorded by a Judicial Magistrate after verifying the declarant's physical and mental fitness—it can be relied upon even if other declarations contain improvements. (Para 5 , 6 )
7. Does the acquittal of a co-accused due to doubts in a dying declaration affect the reliability of the same declaration against other accused?
Not necessarily. Doubts that lead to the benefit of doubt for one person do not automatically render the entire declaration non-genuine or untruthful regarding other accused persons. (Para 5 )
Judgment
Nanavati, J.-These appeals are filed against the common judgment and order of the High Court of Andhra Pradesh in Crl. A. No. 69/96 and Crl. A. No. 483/96.
2. The trial Court convicted the appellant under Sections 498-A and 304-B IPC. In Crl. Appeal No. 69/96 the appellant challenged his conviction. As he was acquitted under Section 302 IPC, the State filed Crl. A. No. 483/96.
3. The High Court dismissed the appeal filed by the appellant, allowed the appeal filed by the state and the convicted the appellant for the offence of murder also. The High Court then observed that when the appellant was convicted for the offence punishable under Section 302 IPC, the question whether he should also be convicted for the offence punishable under Section 304-B became academic.
4. It was the prosecution case that the appellant committed the death of his wife and daughter. In order to prove its case, the prosecution had examined 10 eye-witnesses and produced three dying declarations. P.Ws. 1-10 did not support the prosecution. The trial Court relying upon the three dying declarations, convicted the appellant. The High Court also found that the three dying declarations were genuine and truthful and relying upon them held the appellant guilty.
5. What is contended by the learned counsel for the appellant is that the dying declarations-Ex. P.23 and Ex. P.33 ought not to have been relied upon as they contain improvements. He further pointed out that in the last dying declaration, a clear attempt was made to involve the father of the appellant who has now been acquitted by the High Court. Because of some doubt arising therefrom the appellant’s father was given benefit of doubt. That does not necessarily mean that it was not genuine. In any case, it does not have any bearing upon the genuineness and truthfulness of the first dying declaration-Ex. P.26 which was recorded by the Additional First Class Judicial Magistrate after ascertaining the physical and mental fitness of the person making it. In that declaration she has clearly stated that she was set on fire by her husband.
6. We see no reason to discard that dying declaration. In that view of the matter, the conviction of the appellant has to be confirmed. These appeals are, therefore, dismissed.
(C.R.) Appeals dismissed.
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Parallel Citations of other Journals :
Sreerama Murthy v. State of A.P., 1998(6) Supreme 257 : AIR 1998 SC 3040 : JT 1998(5) SC 305 : 1998(V) AD (SC) 582 : 1998 SCC (Cri.) 1432 : 1998 Cri. LJ. 4063 : (1998) 3 Crimes 133
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