It is well settled that an oral dying declaration can form basis of conviction if the deponent is in a fit condition to make the declaration and if it is found to be truthful. The courts as a matter of prudence look for corroboration to oral dying declaration.

Headnote:Indian Penal Code,1860 – Section 120B, 148 and 302 read with Section 149 –Prosecution of 11 accused persons for committing the murder of two persons by gun shot injuries – Trial Court while convicting A1 ,A2,A6,A7, acquitted rest of the accused persons – On appeals thereagainst, High Court acquitted A1 ,A2,A6,A7 – Appeals – Held prosecution failed to prove its case beyond reasonable doubt – High Court had scrutinized the evidence correctly in light of settled legal principles – The evidence on record created some suspicion, but did not prove the offence to the hilt – Accused were hence, entitled to benefit of doubt – High Court held justified in interfering with the conviction of the accused – No interference warranted with impugned judgment of High Court – Appeals dismissed(paras23,24)
       Facts of the Case –
       A. Accused persons 11 in number were prosecuted herein in the instant case for committing the murder of two persons by gun shot injuries. Trial Court while convicting A1 ,A2,A6,A7, acquitted rest of the accused persons. On appeals thereagainst, High Court acquitted A1 ,A2,A6,A7.
       B. Present appeals have been filed against said order of High Court.
       Findings of the Court –
       A bare reading of dying declaration showed that it was a doctored document. Deceased gave minute particulars like fathers name, caste and village of each alleged conspirator when he was on death bed with excruciating pain. Such details could not have been given by deceased at that stage. It is possible that they have been supplied by Pw3. There was no corroboration to lend assurance to the dying declaration of deceased. The evidence of so – called eye – witnesses did not inspire confidence.
       B. Prosecution failed to prove its case beyond reasonable doubt. High Court had scrutinized the evidence correctly in light of settled legal principles. The evidence on record created some suspicion, but did not prove the offence to the hilt. Accused were hence, entitled to benefit of doubt. High Court held justified in interfering with the conviction of the accused. No interference was warranted with impugned judgment of High Court. Appeals were dismissed.
       Result – Appeals dismissed

JUDGMENT

(SMT.) RANJANA PRAKASH DESAI, J.

1. These appeals arise out of a common judgment and order dated 23/1/2004 passed by the Rajasthan High Court in D.B. Murder Reference No. 1 of 2002, D.B. Criminal Appeal No. 781 of 2002, D.B. Criminal Appeal No. 718 of 2002 and D.B. Criminal Appeal No. 105 of 2003. Criminal Appeals No. 1535-1538 of 2004 are filed by PW-4 Balbir and Criminal Appeal Nos. 1539, 1540 and 1541 of 2004 are filed by the State of Rajasthan against the acquittal of the accused. Since these appeals arise out of the same judgment they are being disposed of by this common judgment. Gist of the prosecution case:

2. Deceased Krishna Gir (also referred to as 'Krishna Gir') was the Head Priest of 'Balakdera Ashram' situated at Hissar in Haryana. Krishna Gir was also having ultimate supervision and control over other Ashrams associated with this Ashram. Baba Lal Gir Ashram at village Rampura in Rajasthan where the incident occurred was also one of such Ashrams which was under the supervision and control of 'Balakdera Ashram'. Amongst others, one Pokhar-Khedi Ashram situated at village Pokhar-Khedi in Jind District of Haryana and its Priest were also under the control and supervision of 'Balakdera Ashram'.

Pokhar-Khedi Ashram had about 100 acres of land. In the past, it was managed by its Priest Mangeram. Priest Mangeram transferred that land in the names of his nephew Joragir and other members of his family. He also executed a Will in respect of the said land. When this fact came to the knowledge of Krishna Gir through the villagers of Pokhar-Khedi, he filed a civil suit for cancellation of the transfer of said land made by Priest Mangeram. The civil suit was decreed in favour of Krishna Gir. The decree was maintained by the Punjab and Haryana High Court as well as by the Supreme Court. During the pendency of the said litigation, Priest Mangeram died. Joragir, the nephew of Priest Mangeram, claimed to be his successor but he was not allowed to take charge. Subsequently, Krishna Gir was appointed as Priest of Pokhar-Khedi Ashram.

Krishna Gir recovered the possession of the land of Pokhar-Khedi Ashram in execution of the decree. Because of this dispute there was enmity between Krishna Gir and the accused. An attempt was made on the life of Krishna Gir in Jind Court premises. The accused party tried to regain possession of the land. In that dispute one child died. Thereafter, Krishna Gir was assaulted with knife at Balakdera. Cases in relation to all these incidents are stated to be pending in different courts in Haryana State. It is the prosecution case that on 12.7.2000 a conspiracy was hatched in the house of accused Hoshiyar Singh at Pokhar Khedi whereby Hoshiyar Singh, Rajmal, Jage Gir, Joragir, Vazir, Sohan Gir and Lichman conspired to kill Krishna Gir. In pursuance of the said conspiracy Krishna Gir and his disciple Sewanand Gir were shot dead on 23.7.2000 at 11.05 A.M at Baba Lalgiri Ashram in village Rampura.

3. FIR relating to the incident: On 23/07/2000 at 11.05 a.m. PW-23 Lakhma Ram Rathore, Station House Officer of RPS, Hamirvas, Rajasthan received an intimation from Police Station In-charge, Rajgarh, District Churu, Rajasthan that there was firing at the Ashram of Baba Lal Giri in Rampura Village. On the basis of this information, PW-23 Lakhma Ram Rathore along with one ASI and police force reached the site of occurrence where PW-1 Puranmal submitted a written report. According to this report, Baba Lalgiri Ashram is situated in village Rampura, Tehsil Rajgarh, District Churu, Rajasthan and there is a 'Samadhi' of Baba Lalgiri. The Ashram was under the supervision of Priest Mangal Gir. Every year, at the Samadhi, on the occasion of death anniversary of Baba Lalgiri, a 'Yagya' was being performed.

Following the said tradition, on 17/7/2000, a 'Yagya' was arranged at the Baba Lalgiri Ashram. The 'Yagya' was scheduled to culminate on 23/7/2000. On 23/7/2000, a community lunch was in progress. Number of Saints and commu

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2014 Supreme(SC) 478

It is well settled that an oral dying declaration can form basis of conviction if the deponent is in a fit condition to make the declaration and if it is found to be truthful. The courts as a matter of prudence look for corroboration to oral dying declaration.

Cases Referred (3)