1. Death by burns – Dying declarations recorded without medical certification – Appeal against acquittal – Reliability of such declarations. (Para 1 , 2 , 3 , 4 )
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2007 Supreme(SC) 1169
S.B. SINHA & H.S. BEDI
State of Rajasthan - PETITIONER
Versus
Parthu - RESPONDENT
CRIMINAL APPEAL NO.325 /2002
DATE OF JUDGMENT: 13/09/2007
Conviction can be based solely on a voluntary dying declaration regardless of a formal 'fit state of mind' certificate if consciousness is proven. Additionally, under Section 106 of the Evidence Act, the burden of proof shifts to the accused for events within their exclusive knowledge.
Headnote:(A) Indian Penal Code, 1860 - Sections 302 and 307 - Indian Evidence Act, 1872 - Section 106 - Dying Declaration - Evidentiary value - Conviction can be recorded on the basis of dying declaration alone, subject to the satisfaction of the Court that the same was true and voluntary - It is a hypertechnical view to insist on a formal medical certification that the patient was in a 'fit state of mind' if the medical witness testifies that the deceased was in a fit condition to make a statement and was conscious (Paras 11, 12).
(B) Indian Evidence Act, 1872 - Section 106 - Burden of proof - Where the deceased and the accused were living together and the incident occurred in their house, it is for the accused to show how the death took place - In the absence of cogent explanations, such circumstances can be considered against the accused (Paras 12, 14).
Facts of the case:
The deceased suffered severe burn injuries and subsequently succumbed. Two dying declarations were recorded alleging that the husband had poured kerosene on her and lit a fire after a quarrel. While the trial court convicted the respondent, the High Court acquitted him on the grounds that there was no medical certificate confirming the deceased was in a fit state of mind to make the statements and that the declarations were not recorded by a Magistrate.
Findings of Court:
The court found that the medical witness categorically stated in cross-examination that the deceased was in a fit condition to give a statement. The court observed that the High Court adopted an overly technical approach regarding the medical certification. Furthermore, since the couple lived separately and the respondent disappeared immediately after the incident, he failed to provide a sufficient explanation for the death.
Issues: The primary issues were whether the dying declarations could be relied upon in the absence of a formal medical certificate of fitness and whether the burden of proof under Section 106 of the Indian Evidence Act applied to the respondent.
Ratio Decidendi: A judgment of conviction can be recorded based on a dying declaration alone if it is true and voluntary. The absence of a specific endorsement of "fit state of mind" does not invalidate the declaration if medical evidence confirms the patient's consciousness. Under Section 106 of the Evidence Act, when an incident occurs in a location exclusively occupied by the accused and the victim, the burden shifts to the accused to explain the circumstances.
Result: Appeal allowed. The judgment of the learned trial Judge is affirmed.
Legal Category Hierarchy
Table of Contents
2. State argued dying declarations reliable; High Court held insufficient certification. (Para 5 , 6 )
3. Dying declarations can be relied even without medical certification if voluntary and true; doctor's attestation suffices; Section 106 applies. (Para 9 , 10 , 11 , 12 , 13 , 14 )
4. A dying declaration is admissible without medical certificate if court satisfied it is voluntary and truthful; doctor's attestation can establish fitness. (Para 10 , 11 , 12 )
5. Appeal allowed – High Court acquittal set aside – Trial court conviction restored – Respondent to surrender. (Para 15 )
6. Is a medical certificate of fitness mandatory for a dying declaration to be admissible?
No, a dying declaration is admissible even without an explicit medical certificate if the court is satisfied it was made voluntarily and truthfully. The presence and attestation of a doctor who confirms the declarant's mental state can be sufficient. (Para 10 , 11 , 12 )
7. Can Section 106 of the Evidence Act be invoked against an accused who fails to explain a death occurring in a shared space?
Yes, if the deceased and accused were together at the time of death and the accused offers no explanation, Section 106 may be invoked as a circumstance against the accused. (Para 12 , 13 , 14 )
8. Can a conviction be based solely on a dying declaration?
Yes, a conviction can be based solely on a dying declaration if the court is satisfied that it is true and voluntary. However, the court may look to other circumstances to ascertain its veracity. (Para 12 )
JUDGMENT
S.B.SINHA,J.
(1) The Officer In-charge of Harmirgarh Police Station received a telephonic message that one Smt. Lali wife of Parthu, appellant herein has received burn injuries and was lying in a serious condition. An entry to that effect was made in the Rojnamcha register whereafter Head Constable P.W.-6 Narayan Singh along with some other police personnel proceeded to the spot. They took her to Mahatama Gandhi Hospital at Bhilwara for treatment. The said Narayan Singh recorded her statement which was treated as dying declaration wherein she disclosed that she was burnt by her husband. On the basis of the said statement a First Information Reportfor an offence under Section 307 I.P.C. was recorded by P.W.9- Shankar Singh,SHO Police Station Hamirgarh. He took up the investigation in relation to the said incident. P.W.9-Shankar Singh also recorded the statement of the deceased on 8.6.1995.
(2)Lali died on 19.6.1995 whereafter Section 302 I.P.C. was added in the First Information Report.
(3)Before learned trial Judge eleven prosecution witnesses were examined. Some of the prosecution witnesses who were relatives of the deceased turned hostile.
(4)Respondent, however, in his cross-examination under Section 313 stated that the death of Lali was an accidental one, as when she had been pouring kerosene in the stove and lit the match stick, suddenly the fire broke out.
(5)Learned trial Judge relying on or on the basis of the aforementioned two dying declarations, which were marked as Exhibit P-6 and Exhibit P-14 respectively, held the respondent guilty of commission of the said offence. The High Court, however, on an appeal having been preferred thereagainst by the respondent was of the opinion that as nostatement had been made by P.W.10-Dr. Avdesh Mathur that the deceased was in a fit state of mind to make a statement before the Investigating Officer P.W.6.- Narayan Singh and furthermore in view of the fact that he had not treated the deceased, was sufficient to arrive at a conclusion that no reliance could be placed on the said dying declarations.
(6)The High Court was furthermore of the opinion that keeping in view the fact that the incident took place on 27.5.1995 and the death took place on 19.6.1995, the dying declarations of the deceased should have been recorded by a Magistrate.
(7)On the finding, the High Court recorded a judgment of acquittal. The State of Rajasthan, is thus, before us.
(8)We may at the outset notice that the High Court itself has proceeded on the basis that the 'homicidal nature of the death of the deceased is not in dispute'. The fact that she had died of burn injuries is also not in dispute. The short question which arises for our consideration is asto whether the aforementioned two dying declarations could be relied upon or not.
(9)We have gone through the said two dying declarations Exhibit P-6 and Exhibit P-14. Similar statements in regard to nature of offence appear to have been made in the said two dying declarations; although the dying declaration recorded by the Investigating Officer- Shankar Singh PW-9 on 8.6.1995 is a bit more detailed one. It has been recorded by both the Courts below that Dr. Avdesh Mathur PW-10 was present when the dying declaration(Exhibit P-14) was recorded. It is true that in the said dying declaration, no certificate to the effect that the deceased was in a fit state of mind to have such statement, was subscribed but after recording of the dying declaration was over, the Doctor attested her thumb impression as also her statement before the Investigating Officer.
(10)The High Court commented thereupon opining that there could not have any attestation of such statement. Technically the High Court may be right but what was meant by P.W.10-Dr.Avdesh Kumar by issuing such a certificate in the dying declaration was that the statement of the deceased was made by her before the Investigating Officer in his presence and the same has correctly been re
