1. Appeal against conviction for murder under Section 302/34 IPC based on a dying declaration and eye-witness testimony. (Para 1 , 2 )
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1993 Supreme(SC) 901
SUPREME COURT OF INDIA
K. Jayachandra Reddy, G.N. Ray, JJ.
P. Babu & Ors. - Appellant
versus
The State of A.P.- Respondent
Criminal Appeal No. 341 of 1982
Decided on 1.10.1993
Important Points
IMPORTANT POINT
An entry in injury certificate that injured was said to be stabbed by somebody" does not necessarily amount to a statement in conflict with the dying declaration in which names of persons who stabbed were disclosed.
An entry in injury certificate that injured was said to be stabbed by somebody" does not necessarily amount to a statement in conflict with the dying declaration in which names of persons who stabbed were disclosed.
Subject
Criminal Law - Murder
Act Referred
Headnote
Indian Penal Code, 1860 - Sections 302/34 - Murder in Furtherance of common intention - Evidence Act, 1872 - S. 32 - Dying deceleration (Ex. P-1) - Trial court rejected it but High Court believed it and reversed acquittal of A-1 to A-3 - Appeal to Supreme Court - Dying declaration recorded by House Surgeon of Hospital P.W. 1- Deceased spoke in Telugu and dying declaration recorded in English - Magistrate not available - Casuatly medical officer (P.W. 10) confirmed recording of dying declaration - Neither in conflict with entry in injury certificate nor was recorded subsequently at the instance of police - Corroborated by evidence of P.W. 2 and P.W. 4 - Whether there are any grounds to interfere with findings of High Court? (No) - Conviction upheld.
Held: Having carefully examined the evidence of P.Ws. 1 to 10 we see absolutely no grounds to reject their evidence. They are independent and truthful witnesses and their evidence establishes beyond all reasonable doubt that Ex. P-1 was duly and sincerely recorded as stated by the deceased. The view taken by the trial court that Ex. P-1 was fabricated, is highly erroneous and unsound. The High Court was fully justified in reversing the said finding.
(para 7)
Further held: Apart from the dying declaration, Ex. P.1, there is evidence of P.Ws. 2 to 4 also which has been relied upon by the High Court also. P.W. 2 after witnessesing the occurrence immediately rushed to the police station and informed the Police. As a matter of fact his name was mentioned in the dying declaration itself. P.W.4 deposed that he was selling groundnut on a push cart. He knew the accused and deposed that these accused persons attacked the deceased. The evidence of these two witnesses lends ample corroboration to the dying declaration. Therefore we see no grounds to interfere with the finding of the High court. (para 8)
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Table of Contents
2. Challenge to the authenticity of the dying declaration, alleging lack of safeguards and fabrication at the instance of the investigating officer. (Para 4 )
3. The dying declaration was recorded by independent medical professionals and corroborated by eye-witnesses, rendering the trial court's finding of fabrication unsound. (Para 5 , 6 , 7 , 8 )
4. A dying declaration recorded by a medical professional and corroborated by independent witnesses is sufficient for conviction, even if a Magistrate was unavailable. (Para 6 , 7 )
5. Appeal abated for one appellant due to death; appeal dismissed for the remaining appellants. (Para 9 )
6. Is a dying declaration valid if recorded by a doctor instead of a Magistrate?
Yes, a dying declaration is valid if recorded by a medical professional under the instructions of a medical officer when a Magistrate is unavailable, provided the declarant is conscious and the statement is verified and read back to them. (Para 6 )
7. Does a general entry in an injury certificate invalidate a detailed dying declaration?
No, a general entry in an injury certificate stating the victim was stabbed by somebody does not necessarily contradict a detailed dying declaration, as such entries are often made in a normal manner without a full inquiry into assailants. (Para 6 )
8. How is a conflict between medical opinion on posture and a dying declaration resolved?
A medical opinion suggesting injuries might have been inflicted while standing is not in direct conflict with a dying declaration stating the victim fell down, as the victim may have attempted to stand during the assault. (Para 8 )
9. Can a dying declaration be recorded in a language different from that spoken by the declarant?
Yes, if the person recording the statement is proficient in both languages, the statement may be recorded in one language (e.g., English) based on the declarant's speech in another (e.g., Telugu), provided it is read back and confirmed. (Para 7 )
ORDER
K. Jayachandra, J. - There are three appellants - original accused Nos. 1,2 and 3. They were tried alongwith four others for offences punishable under Sections 148,302 and 302/149 I.P.C. These appellants were also charged under Section 302 simpliciter. The trial court acquitted all of them. The State preferred an appeal against the acquittal and the High Court while confirming the acquittal of A-4 to A-7, convicted the appellants under Sections 302/34 I.P.C. and sentenced each of them to undergo imprisonment for life. Hence the present appeal.
2. The prosecution case is as follows:
P. Narasinga Rao, the deceased in the case was working as a welder at Secunderabad. He had a vegetable shop also in the market and he used to attend to his shop in the evening. P.W. 16 is the maternal uncle of the deceased. He has also a vegetable shop in the same market. The accused are all related to each other. A-4’s younger brother was murdered on 4.8.1978. The deceased and two others were prosecuted in that case and the same ended in acquittal. All the accused herein and also the absconding accused Sriramulu were aggrieved with the acquittal and bore grudge against the deceased. The deceased told P.W. 16 that the accused were intending to kill him. On 21.3.1979 at about 5 P.M., PW. 7, a neighbour of P.W. 16 was doing painting work in a house in Picket, Secunderabad and after completing that work, he was going home. At about 7 P.M. he came near the State Bank and saw A-1 to A-7 and the absconding accused Sriramulu and heard Srirumulu telling A-1 to A-4 to do away with the deceased. After coming home P.W.7 informed P.W. 16 about what he has heard on that day at about 6.30 P.M. P.W.2 who worked under the deceased, went to the shop of deceased to meet him on a cycle. The deceased asked him to take him to the police station as he had to mark his attendance. Then both of them went on the cycle to the Market Police Station. After marking the attendance, both of them were coming back to the shop of the deceased on cycle. When they reached the State Bank, from A-1 emerged from the lane and caught hold of the deceased. A-2 to A-7 also joined A-1. A-1 stabbed the deceased with knife on his chest. A-2 and A-3 axed the deceased on his back with axes. A-4 and A-7 stabbed the deceased with knives on various parts of his body. P.W. 2 ran to the police Station to give a report about the incident to the Inspector of Police, P.W. 21. who made an entry in the general diary and alongwith S.Is and Head Constables rushed to the scene of occurrence. They carried the deceased to the hospital. P.W. 10, the Civil Assistant Surgeon who was on duty, examined the injuries and found 10 injuries and issued the wound certicuate Ex. P. 6. P.W. 10 admitted the injured into Cardio-Thoracic Ward and asked the S.I. to fetch the Magistrate for recording the dying declaration. The S.I. returned after 15 minutes and reported that the Magistrate was not available in his residence at that time. P.W. 21 also was present at that time in the hospital. The asked P.W. 1 who was working as House Surgeon in the Casualty Department to record the dying declaration of the deceased. P.W. 1 recorded the dying declaration of the deceased Ex. P. 1 which was read out to the deceased and his thumb impression was taken. P.W. 1 handed over Ex. P. 1 to P.W. 21 in the presence of P.W. 19 another police Officer, who registered a case and the issued express F.I.R. P.W. 21 continued the investigation. P.W, 20 Assistant Professor of Thoracic Surgery was contacted and he came to the hospital at about 9 P.M. and found the deceased to be in a bad condition. There for he could not undertake any surgical treatment. The injured expired at about 11.10 P.M. and an altered F.I.R. was issued. The dead body was sent for post-mortem and the Doctor found a number of incised injuries, which could have been caused by knives and axes. The accused were arrested except Sriramulu and the accused who were arrest were charge-sh
