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IN THE HIGH COURT OF JUDICATURE AT PATNA
A.M. BADAR, RAJESH KUMAR VERMA, JJ.
Yashoda Devi W/o Shri Janardan Rajak – Appellant
Versus
The State of Bihar – Respondent
Criminal Appeal (DB) No. 669 of 2014
Decided On : 18-08-2022
Dying Declaration - Conviction under Section 302 r/w Section 34 of the Indian Penal Code - Summary of Acts and Sections: Indian Penal Code, Section 302, Section 34 - The court discussed the admissibility and reliability of the dying declaration of the deceased Bebi Devi, the requirement of corroboration, and the fit mental and physical condition of the deceased for making the statement. The court also highlighted the lack of corroboration from the spot of the incident and the testimony of witnesses, casting doubt on the prosecution's case.
Fact of the Case:
The deceased, Bebi Devi, sustained burn injuries and died due to complications arising from the burns. The prosecution relied on the dying declaration of Bebi Devi to convict the accused under Section 302 r/w Section 34 of the Indian Penal Code. The defense argued lack of corroboration and failure to prove guilt.
Finding of the Court:
The court found that the dying declaration of Bebi Devi lacked corroboration and the evidence presented by the prosecution was infirm and laconic. The witnesses did not support the charge, and there was no motive established for the accused to eliminate the deceased.
Issues: The key issues revolved around the admissibility and reliability of the dying declaration, the requirement of corroboration, and the fit mental and physical condition of the deceased for making the statement.
Ratio Decidendi: The court emphasized the need for corroboration of a dying declaration, the fit mental and physical condition of the deceased, and the lack of motive for the accused to commit the alleged offense.
Final Decision: The appeal was allowed, the impugned judgment and order were quashed and set aside, and the appellants-accused were acquitted of the alleged offense.
JUDGMENT :
A.M. BADAR, J.
1. By this appeal, appellants/convicted accused, are challenging the Judgment and order dated 11.06.2014 and 20.06.2014 passed by the learned 1st Additional Sessions Judge, Bhagalpur, in Sessions Trial No. 491 of 2012 between the parties, thereby convicting them of the offence punishable under Section 302 r/w Section 34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life. They however were acquitted of the offence punishable under Section 304B r/w 34 of the Indian Penal Code. For the sake of convenience, the appellants shall be referred to in their original capacity as “an accused.”
2. Facts leading to the prosecution of the accused projected from the police report can be summarized thus:
(B) The incident in question allegedly took place at about 5 P.M. of 01.09.2011 at the residential house of the accused persons located at Mohanpur village. On that day, all accused persons quarreled with Bebi Devi (since deceased). Thereafter, the accused no. 4 Janardan Rajak and his wife accused no. 1 Yashoda Devi had sprinkled Kerosene oil on person of Bebi Devi wife of Pinku Rajak and set her ablaze. Bebi Devi (since deceased) sustained burns. Thereafter, she was therefore taken to Mayaganj Hospital, Bhagalpur.
(C) During the course of treatment of Bebi Devi (since deceased) at Mayaganj Hospital, Bhagalpur, PW-9 Subodh Narayan Singh, ASI posted at that hospital had recorded her FIR at about 8.30 P.M. on 01.09.2011 itself. It was sent to Nathnagar Police Station for appropriate action.
(D) After giving her preliminary medical treatment, Bebi Devi (since deceased) was referred to the higher centre, i.e. Appolo Burns Hospital, Patna, where she succumbed to the burn injuries on 08.09.2011. On 09.09.2011, Crime No. 129 of 2011 came to be registered against the accused persons at Police Station Nathnagar for the offences punishable under Sections 498A, 341, 504 and 307 of the Indian Penal Code came to be Section 302 of the Indian Penal Code came to be added so also the offence punishable under Section 304(B) r/w Section 34 of the Indian Penal Code. Wheels of investigation were then sent for in motion. Inquest notes were prepared by inspecting the dead body of Bebi Devi wife of Pinku Rajak. It was then dispatched for autopsy. PW-13 Dr. Rajiv Ranjan Das, Medical Officer of N.M.C. Hospital, Patna conducted postmortem examination on the dead body of Bebi Devi wife of Pinku Rajak on 08.09.2011.
(E) Statement of witnesses came to be recorded by the Investigating Officer, PW-10 Rameshwar Singh, ASI. He inspected the spot of the incident. After completion of the investigation, the accused persons were charge sheeted.
(F) The learned trial court had framed and explained the charge to the accused persons. They pleaded not guilty and claimed trial. In order to bring home the guilt to the accused persons, the prosecution has examined in all thirteen witnesses. Co-villagers Prakash Sah, Rita Devi, Lukri Devi, Sone Lal Mandal and Vishwanath Mandal @ Vishwajeet are examined as PW-1 to PW5. Sushila Devi who happens to be mother of deceased Bebi Devi is examined as PW-6. Mili Devi, wife of brother of deceased Bebi Devi is examined as PW-7. Lallan Nath Rajak, brother of the deceased Bebi Devi is examined as PW-8. ASI Subodh Narayan Singh, who recorded the dying declaration of Bebi Devi is examined as PW-9. The Investigating Officer, Rameshwar Singh is examined as PW-10. Dr. Mani Bhushan Sinh
The main legal point established in the judgment is the requirement of corroboration for a dying declaration, the fit mental and physical condition of the deceased, and the need to establish motive f....
Point of Law : Criminal Law - Murder - Conviction confirmed - Dying declaration - Acceptability of -A dying declaration could be sole basis of conviction even without corroboration, if it inspires co....
A dying declaration can serve as the sole basis for conviction if it is credible and corroborated, emphasizing its legal admissibility in murder cases.
The reliability of a dying declaration and the importance of corroboration and support from other witnesses in a criminal case.
: No reliance can be placed upon dying declaration which is doubtful in nature.
Dying declarations must be corroborated by reliable evidence; significant contradictions in witness testimonies undermine their credibility, impacting the validity of the conviction.
The court emphasized the necessity of corroborating dying declarations and established that dowry-related cruelty leading to death constitutes an offence under Section 304B IPC.
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.
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