1. Appeal against conviction for murder under Section 302 read with Section 34 IPC following reversal of acquittal by the High Court. (Para 1 )
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1999 Supreme(SC) 130
1999(2) Supreme 275
Supreme Court of India
(From Madras High Court)
G.T. Nanavati & N. Santosh Hegde, JJ.
Thiru Sudali @ Madasamy -Appellant
versus
State of Tamil Nadu -Respondent
Criminal Appeal No. 186 of 1986
Decided on 4-2-1999
Counsel for the Parties :
For the Appellant : M.P. Jha, Ram Ekbal Roy, Advocates.
For the Respondent : V.G. Pragasam, Advocate.
Important Points
The court affirmed that a conviction under Section 302 read with Section 34 IPC is sustainable when based on reliable dying declarations corroborated by eyewitness testimony, particularly when the trial court's reasons for acquittal are found to be flimsy and unacceptable.
Subject
Criminal Law - Murder
Act Referred
Headnote
Indian Penal Code, 1860-Section 302-Murder-Appeal against conviction-Motive for crime that accused was terminated from service by victim-Dying declaration naming accused-Dying declaration recorded by Judicial Magistrate-Eye witnesses supporting dying declaration-Trial Court rejecting evidence of eye-witnesses and dying declaration on flimsy grounds and acquitting accused-High Court on re-appreciation of evidence convicting accused-High Court’s findings warrant no interference-Conviction upheld. (Paras 3 & 4)
Legal Category Hierarchy
Table of Contents
2. Appellant contended that the deceased falsely implicated him due to poor relations. (Para 3 )
3. The court found the evidence of eyewitnesses and dying declarations reliable, noting the promptness of the FIR and corroboration of the assailants' presence. (Para 3 )
4. Conviction is sustainable when dying declarations are corroborated by reliable eyewitness testimony and prompt police reporting. (Para 3 , 4 )
5. Appeal dismissed, conviction under Section 302 read with Section 34 IPC upheld, and bail cancelled. (Para 4 , 5 )
6. When can dying declarations be considered reliable evidence for conviction?
Dying declarations are reliable when recorded promptly after the incident, corroborated by eyewitness testimony, and recorded by a competent authority such as a Judicial Magistrate. (Para 3 )
7. Does a poor relationship between the deceased and the accused necessarily invalidate a dying declaration?
No; the court held that a deceased person is unlikely to falsely implicate another and allow the real culprits to go free simply because of poor relations. (Para 3 )
8. How does eyewitness testimony support the validity of a dying declaration?
Eyewitnesses who identify the accused fleeing the scene of the crime provide corroboration that strengthens the reliability of the dying declarations. (Para 3 )
Judgment
Nanavati, J.-The appellant was tried along with Pandey @ Ram Krishnan for committing murder of Kittu @ Muthu Krishnan in Sessions Case No. 95/76. The court of Sessions, Madurai, acquitted both the accused. On appeal by the State, the High Court convicted both of them for the offence punishable under Section 302 read with Section 34 IPC. Against the order of acquittal, a revision application was also filed by the brother of the deceased. Pandey has not challenged his conviction. This appeal is filed by Sudali @ Madasamy only.
2. In order to prove its case, the prosecution had mainly relied upon the evidence of P.Ws. 1 and 2 and the three dying declarations-Exhs. P1, P15 and P8 of Kittu @ Muthu Krishnan.
3. The trial Court did not believe the evidence of P.Ws. 1 and 2 also the dying declarations. It gave 11 reasons in support of its findings. The High Court considered each one of those reasons and pointed out that none was good enough to sustain the findings. We have considered the reasons given by the trial Court and we find that they were rightly held not acceptable. On flimsy grounds, the trial Court had rejected the evidence of P.Ws. 1 and 2 and the dying declarations. The High Court has given good reasons for believing the evidence of P.Ws. 1 and 2 and the dying declarations. The appellant was none other than the person who was earlier working with the deceased and whose services were terminated by the deceased. There was enough light when the incident had taken place. The FIR was lodged within 45 minutes. At about 4.30 a.m., Inspector Incharge had taken further statement of the deceased and at 6.45 a.m. his dying declarations was recorded by the Judicial Magistrate. Thus, within a short time, the deceased had disclosed the names of his assailants. It is not possible to accept the contention of the appellant that as his relations with the deceased were not good, the deceased had falsely involved him because the deceased would not have liked to do so and allow the real culprits to go set free. The dying declarations also receive corroboration from the evidence of P.Ws. 1 and 2 who have said that when they heard shouts they came out of the nearby garrage where they were working and saw the two accused running away from the place of the incident. They had chased the accused but when they were shown a knife by one of them, they did not pursue them further, returned to the place of the incident and took the injured to the Police Station. Both the witnesses have stated that they knew the accused and the deceased since before the incident. There was no reason for P.Ws. 1 and 2 to falsely depose against the accused. The dying declaration-Ex. P8 was recorded by a Judicial Magistrate. The evidence discloses that at that time except the doctor no one else was present.
4. We therefore see no reason to interfere with the findings recorded by the High Court. In our view, the High Court has rightly convicted the appellant under Section 302 read with 34 IPC. This appeal is, therefore, dismissed.
5. The bail of the accused is cancelled and he is directed to surrender to serve out the remaining sentence.
(C.R.)
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