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SUPREME COURT OF INDIA
ABHAY S. OKA, UJJAL BHUYAN, JJ.
Rajendra S/o Ramdas Kolhe – Appellant
Versus
State of Maharashtra – Respondent
Criminal Appeal No. 2281 of 2011
Decided On : 15-05-2024
(A) Indian Evidence Act, 1872 – Section 32(1) – Dying declaration – Evidentiary value – Once a dying declaration is found to be authentic inspiring confidence of court, then same can be relied upon and can be sole basis for conviction without any corroboration – However, before accepting such a dying declaration, court must be satisfied that it was rendered voluntarily, it is consistent and credible and that it is devoid of any tutoring – Once such conclusion is reached, great deal of sanctity is attached to a dying declaration and it can form sole basis for conviction – There is neither any rule of law nor of prudence that a dying declaration cannot be acted upon without corroboration – However, court has to scrutinize dying declaration carefully and must ensure that declaration is not result of tutoring, prompting or imagination; deceased should be in a fit and proper state to make declaration – But once court is satisfied that dying declaration is true and voluntary, it can base conviction on it without corroboration – It is not plurality of dying declarations that matters – On the contrary, it is reliability of a dying declaration which is significant. (Paras 25 and 28 and 32)
(B) Indian Penal Code, 1860 – Sections 302/34 – Murder of wife – Common intention – Life sentence – Deceased woman died of burn injuries – There is no reason to doubt correctness of dying declaration of deceased which has been proved in evidence – Attending doctor has certified that deceased was capable of narrating her statement – Substance of dying declaration is also borne out by medical history of patient recorded by doctor which has also been proved in evidence – Though there are inconsistencies and improvements in version of prosecution witnesses, there is convergence with core of narration of deceased made in dying declaration and medical history recorded by doctor – Appellant is guilty of committing offence and guilt has been proved beyond all reasonable doubts – Appeal dismissed. (Paras 35, 36 and 37)
Facts of the case:
Vide Judgment and order dated 23.07.2008, trial court had convicted appellant for committing an offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860 and sentenced to suffer life imprisonment and to pay a fine of Rs. 25,000/- with a default stipulation. Appeal filed by appellant against conviction and sentence was dismissed by High Court.
Findings of Court:
Incident had occurred on 22.07.2002 with dying declaration recorded on same day within a couple of hours whereas evidence was tendered in court by the witnesses after 5 years. Such inconsistencies are bound to be there. In fact, identical statements by material witnesses may create doubt in the mind of the court about the credibility of such evidence, as being tutored.
Result : Appeal dismissed.
1. Heard learned counsel for the parties.
2. This appeal is directed against the judgment and order dated 15.11.2010 passed by the High Court of Judicature of Bombay, Bench at Aurangabad (hereinafter ‘the High Court’) dismissing Criminal Appeal No. 635 of 2008, Rajendra Ramdas Kolhe vs. State of Maharashtra, filed by the appellant thereby confirming the judgment and order dated 23.07.2008 passed by the 3rd Ad Hoc Additional Sessions Judge, Ambajogai (‘trial court’ hereinafter) in Sessions Case No. 60/2006.
2.1. It may be mentioned that by the judgment and order dated 23.07.2008, the trial court had convicted the appellant for committing an offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) and sentenced to suffer life imprisonment and to pay a fine of Rs. 25,000/- with a default stipulation. The appeal filed by the appellant against the aforesaid conviction and sentence was dismissed by the High Court.
3. The prosecution case in brief is that wife of the appellant Rekha was a police constable and lived in the police colony at Ambajogai. Her husband i.e. the appellant was serving in the army. He had come home on leave.
3.1. On 22.07.2002, at about 08:30 PM, Rekha had sustained burn injuries in the quarter where she was residing. According to the prosecution, she was subjected to cruelty by her husband Rajendra and brother-in-law Suresh. She was also subjected to sustained cruelty at the hands of her other in-laws including father-in-law, mother-in-law and sister-in-law. On the fateful day, Rekha was beaten by her husband Rajendra and brother-in-law Suresh. They tied her hands with a gamcha and her feet by a towel. Then the husband gagged her face. Brother-in-law got a match box and a bottle of kerosene. Husband poured the kerosene on her person and lit the matchstick. In the process, she got completely burnt. She was taken to the hospital by the neighbours where her dying declaration was recorded by PW-6 being Ex.59 on the basis of which Ambajogai Police Station registered Crime No. 182/2002 under Sections 307, 498A, 342, 323 and 504 read with Section 34 IPC.
3.2. Investigation of the crime was conducted by PW-10. He broke open the locked room where the incident had taken place and seized partially burnt lady’s clothes, a bottle containing residue of kerosene, broken mangalsutra etc. Later on, another dying declaration of the victim was recorded by the Special Executive Magistrate being Ex.65. On 24.07.2002, at about 11:00 PM, Rekha expired due to the burn injuries. Following the same, Section 302 IPC was added to the FIR.
3.3. On completion of investigation, chargesheet was submitted by the police. Appellant alongwith the father-in-law, mother-in-law and sister-in-law of the deceased were arrayed as accused. In so far brother-in-law Suresh is concerned, he was found to be a juvenile. Therefore, his case was segregated and sent to the Juvenile Justice Board.
3.4. In the trial of the appellant and the three others, prosecution examined in all 13 witnesses. Statements of the accused including the appellant were recorded under Section 313 of the Code of Criminal Procedure, 1973 (Cr.P.C.). Stand of the defence was that it was not a case of homicide but a case of suicide. In addition to the above, appellant also tendered evidence of a doctor.
3.5. After considering the evidence on record and the rival contentions, the trial court came to the conclusion that prosecution could not prove that the accused persons in furtherance of their common intention had subjected the deceased to harassment and cruelty and thereby committed an offence punishable under Section 498A IPC read with Section 34 thereof. The trial court also did not find any material against the father-in-law, mother-in-law and sister-in-law of the appellant for committing murder of Rekha. However, the trial court accepted the contents of both the dying declarations Ex.59 and Ex.65 coupled with the evidence of the prosecution witnesses an
Dying declaration – Once court is satisfied that dying declaration is true and voluntary, it can base conviction on it without corroboration – It is not plurality of dying declarations that matters.
Weight and utility of a dying declaration depend upon surrounding circumstances and credibility which court attaches to it, having regard to evidence led before it.
Dying declarations can only support a conviction if consistent and made in a fit mental state; inconsistencies create reasonable doubt.
Dying declaration – In cases where Court finds that there exist more than one dying declarations, each one of them must be examined with care and caution and only after satisfying itself as to which ....
Dying declarations can be the basis for conviction if they are found to be truthful and voluntary; however, they must be carefully scrutinized, especially in the absence of corroborative evidence.
The reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
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