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SUPREME COURT OF INDIA
J.B. Pardiwala, R. Mahadevan, JJ.
Sita Ram & Anr. – Appellants
Versus
The State of Himachal Pradesh – Respondent
Criminal Appeal No. 228 of 2013
Decided On : 06-03-2025
(A) Indian Evidence Act, 1872 – Section 32 – Dying declaration – Whether a dying declaration should be believed or not would depend upon circumstances of case – It is essentially a question of fact to be determined by Court on the basis of circumstances of each case – Once dying declaration is held to be believable, questions that no oath was administered and that dying declaration was not tested by cross-examination cannot arise – If a dying declaration believed, it requires no corroboration – Law in India does not make admissibility of a dying declaration dependent upon person’s having a consciousness of approach of death – Even if the person did not apprehend that he would die, statement made by him about circumstances of his death would be admissible under Section 32 of Evidence Act – Solemnity of occasion on which statements are made is deemed to supply sanction of oath – Approach of death is deemed to produce a state of mind in which statements of dying person are to be taken as free from all ordinary motives to misstate. (Paras 49, 50, 51 and 52)
(B) Indian Penal Code, 1860 – Sections 451, 324, 504, 506 and 304 read with Section 34 – House trespass, hurt, insult, criminal intimidation and culpable homicide not amounting to murder – Reversal of acquittal by High Court – Although post-mortem report simply says that cause of death was asphyxia, yet in medico-legal jurisprudence cause of death of deceased would be wound in head leading to a fissured fracture in skull – Conviction maintained – Considering mitigating circumstances, sentences modified. (Paras 45, 56, 57, 58, 59 and 60)
Facts of the case:
Appellants were convicted for offences under Sections 451, 324, 504, 506 and 304 read with Section 34 of IPC. Criminal Appeal filed by the State of Himachal Pradesh came to be allowed by High Court thereby setting aside the Judgment and Order of acquittal passed by Trial Court.
Findings of Court:
Appellant Sita Ram was ordered to be enlarged on bail by this Court pending present appeal. He shall now surrender before Trial Court to undergo the remaining part of sentence within a period of 8-weeks from today.
Result : Appeal disposed of.
ORDER :
1. This appeal arises from the judgment and order passed by the High Court of Himachal Pradesh dated 13-9-2012 in Criminal Appeal No. 415/2005 by which the Criminal Appeal filed by the State of Himachal Pradesh came to be allowed thereby set asiding the Judgment and Order of acquittal passed by the Additional Sessions Judge, Ghumarwin, District Bilaspur, Himachal Pradesh dated 28-5-2005 in Sessions Trial No.11/7 of 2004/2002.
2. The two appellants – herein along with a third co-accused namely Pyare Lal were put to trial in the Court of the Additional Sessions Judge, Ghumarwin, District Bilaspur, Himachal Pradesh in Sessions Trial No.11/7 of 2004/2002 for the offences under Sections 451, 324, 504, 506 and 304 read with Section 34 of the Indian Penal Code (for short, “IPC”).
3. The Sessions trial culminated from the chargesheet filed in connection with the First Information Report No.205/2000 lodged by the deceased himself.
4. The First Information Report lodged by the deceased himself reads as under: -
(Under Section 154 Cr.P.C.)
1. District Bilaspur; P.S. Ghumarwin; Year 2000; FIR No. 205/2K Dated 17.11.2000
2. Acts: Under Sections 451, 324, 504, 506 & 34 IPC.
3. [a]. Occurrence of offence: Thursday 16.11.2000 from 10.30 p.m. to 11.00 p.m.
[b]. Information received at P.S. 17.11.2000 at 10.15 a.m.
[c]. General diary reference – DD No. 7 time 10.15 a.m.
4. Type of information: Written/Oral.
5. Place of occurrence:
[a]. Direction and distance from P.S. – 8 Km. Palthin.
[b]. Address: Palthin, P.S. Ghumarwin, District Bilaspur, Himachal Pradesh.
[c]. In case, outside the limit of the Police station:
6. Complainant/informant: Shri Prem Lal, S/o Shri Ram Dittu, Occupation Farmer, R/o Palthin, Tehsil Ghumarwin, District Bilaspur (Himachal Pradesh).
7. Details of known/suspect/unknown accused with full particulars (attach separate sheet if necessary):
8. Reason for delay in reporting by the complainant/ informant:
9. Particulars of the properties stolen/involved (attach separate sheet if necessary).
10. Total value of the property stolen:
11. Inquest Report/UD Case number, if any:
12. FIR Contents (attach separate sheet, if required).
Today on 17.11.2000, Shri Prem Lal, Complainant mentioned in Col. 6 above came to Police station and filed his complaint which is lodged as Report no.7 in DD dated 17.11.2000. Name of the Informant: Prem Lal, S/o Ram Dittu, Caste Harijan, R/o Village Palthin, P.S. Ghumarwin, District Bilaspur, aged about 42 years. Report lodged on 17.11.2000 at 10.15 a.m. Complainant Prem Lal, S/o Ram Dittu, mentioned in Col.2 came to Police station and reported that – I am living in Village Palthin; on 16.11.2000 at around 10.30 p.m., I was sitting in the angan of my house and was arguing with my brother Pyare Singh over the issue of pile of cow-dung; during these arguments, my brother Pyare Singh called Sita Ram and Onkar and both of them reached there immediately and after that all three of them started beating me in the angan of my house; Sita Ram who was holding a darat in his hands attacked me on my forehead with said darat and after that all three of them beat me with kicks and punches; in the meanwhile my wife came and save me from them; thereafter all of them went away after threatening to kill me and exhorted today you were lucky – but next time we will kill you. Sir, I want my medical checkup. I have come to you for reporting above incident. Please take suitable action. Sd/- Prem Lal. Police proceedings: Contents of above report prima facie reveal case of beating and accordingly report has been registered and said report has been read over to the complainant who has admitted the same to be correct and he has put his signatures in Hindi below his statement. After completing necessary formalities, complainant has been sent for his medical check up along with Constable Daulat Ram no. 411. After some time, Constable Daulat Ram came back to Police station after check up of Complainant Prem Lal, S/o Ram Di
(1) Dying declaration – Whether a dying declaration should be believed or not would depend upon circumstances of case – If a dying declaration believed, it requires no corroboration.(2) Law in India ....
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
The court affirmed that a dying declaration can serve as the sole basis for conviction if it is credible, voluntary, and made in a fit state of mind.
Dying declarations can serve as the sole basis for conviction if deemed credible and made in a fit state of mind, as established in this case.
A dying declaration can only serve as a basis for conviction if it is proven to be reliable and made in a fit mental state; otherwise, it cannot sustain a conviction.
Criminal Trial - Murder - Conviction set aside - Dying declaration can be the sole basis of conviction if found to be voluntary and truthful and that it is not required to be recorded in any particul....
The court upheld the conviction based on a credible dying declaration despite arguments concerning procedural flaws and delays in lodging the FIR, emphasizing the importance of the victim's mental al....
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