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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M. SINGH, AMIT SHARMA, JJ.
Nowa Bai & Anr. - Appellants
Versus
State – Respondent
Crl.A. 381 of 2002
Decided on : 28-11-2024
(A) Code of Criminal Procedure, 1973 - Section 374 - Indian Penal Code, 1860 - Sections 302/34 - Appeal against conviction for murder - The court found that the dying declarations were not corroborated by any evidence, and the absence of kerosene smell on the deceased raised doubts about the prosecution's case. The court emphasized the need for corroborative evidence when relying solely on dying declarations. (Paras 11, 12, 13, 20, 30, 31)
(B) Dying Declaration - Admissibility and Weight - The court reiterated that while dying declarations can be relied upon, they must be corroborated by other evidence to ensure their reliability, especially when doubts arise regarding their truthfulness. (Paras 11, 12, 20, 30)
Facts of the case:
The appeal was filed against the conviction of the Appellant for the murder of Jyoti, who died from burn injuries. The prosecution relied on dying declarations made by the deceased, which implicated the Appellants in the crime. However, the absence of corroborative evidence and the lack of smell of kerosene oil on the deceased raised significant doubts about the prosecution's case.
Findings of Court:
The court found that the prosecution failed to establish the guilt of the Appellant beyond a reasonable doubt, leading to the acquittal of the Appellant.
Issues: The main issues were the reliability of the dying declarations and the necessity for corroborative evidence in cases of alleged murder based solely on such declarations.
Ratio Decidendi: The court ruled that dying declarations must inspire confidence and should not be the sole basis for conviction without corroborative evidence, especially when doubts exist regarding their accuracy.
Result: The Appellant was acquitted of the charges.
JUDGMENT :
AMIT SHARMA, J.
1. The present appeal under Section 374 of the Code of Criminal Procedure, 1973, (for short, ‘CrPC’) has been filed assailing the judgment of conviction and order on sentence both dated 10.04.2002 passed by Sh. J.R. Aryan, learned Additional Sessions Judge, New Delhi whereby, the Appellants have been convicted in Sessions Case No. 133/95, arising out of FIR No. 60/1995, under Sections 304B/498A/34 of the Indian Penal Code, 1860, (for short, ‘IPC’), registered at Police Station Kalkaji.
2. Vide the impugned judgment of conviction and order on sentence, the Appellants were convicted for the offences punishable under Sections 302/34 of the IPC. The Appellants were sentenced to undergo life imprisonment alongwith a fine of Rs. 500/- each, and in default of payment of fine, to undergo rigorous imprisonment for a period of 1 month.
3. Vide order dated 09.07.2004, passed by Predecessor Bench of this Court in Crl.M.A. 4261/2004, sentence awarded to the Appellant No. 2, Kalabai, was suspended and she was directed to be released on bail on her furnishing personal bond in the sum of Rs. 5,000/- with one surety of like amount. However, she was not able to avail the benefits of the said order, and thereafter, vide order dated 21.02.2005, she was directed to be released on bail on her furnishing a personal bond in the sum of Rs. 5,000/-. Subsequently, on 29.05.2014, learned counsel for the Appellants had apprised this Court that Appellant No. 2 had since passed away on 27.10.2009 and placed on record a certified copy of her death certificate to this effect. Therefore, the present appeal stood abated qua Appellant No. 2 vide order dated 29.05.2014. Thus, this Court will be adjudicating the present appeal insofar as the conviction of the Appellant No. 1 is concerned.
FACTUAL BACKGROUND
4. The facts which are necessary for the disposal of present appeal are as follows: -
i) On 13.02.1995 at around 12:30 P.M., vide DD No. 11 (Ex. PW-8/A), an information was received at police station Govind Puri from Safdarjung Hospital that one Smt. Jyoti (the deceased) w/o Santosh, aged around 23 years resident of Jawahar Lal Nehru Camp, has been admitted in the hospital with 80% burns by her uncle Gulab Joshi (PW-3).
ii) Copy of the said DD entry was provided to ASI Ganga Dass (PW-8), who alongwith Constable Mahavir (PW-11) reached hospital. PW-8 thereafter, moved an application, being Ex. PW-8/B, to record the statement of the deceased by obtaining a fitness certificate from the concerned doctor (PW-14). Deceased was declared fit to make statement by PW-14. Statement of the deceased was recorded (Ex. PW-8/C) and duly attested by PW-8 and the same also bears right thumb impression of the deceased. Later on, this statement was handed over to the main Investigating Officer, PW-15.
iii) In the meanwhile, investigation of the present case was assigned to PW-15, SI Uday Bir Singh, who after reaching Safdarjung Hospital tried to secure the presence of the concerned SDM to record the statement of the deceased. After reaching Patiala House Courts, PW-15 found that the concerned SDM, South was on leave and duty SDM, New Delhi will be looking after the work. PW-15 then, alongwith SDM, New Delhi, Sh. Rakesh Nagpal, PW-13, went to the hospital. Fitness certificate of the deceased to make statement was again sought from PW-14, who declared her fit to make statement. PW-13 recorded the statement of the deceased (Ex. PW-13/A) which has been sought to be proved as dying declaration by the prosecution in the present case.
iv) Sum and substance of both the statements of the deceased is that the present Appellants, who are sister-in-law and mother-in-law of the deceased respectively, were behind this incident whereby the deceased has been burnt. It was stated therein that the Appellants used to ill-treat and abuse the deceased. They also used to say to the deceased that she should be earning money and bring money to them from her parents and that day, in the e
AI
Dying declarations must be corroborated by additional evidence to ensure reliability; absence of corroboration raises doubts about their truthfulness.
Dying declarations can be relied upon for conviction if consistent and free from blemishes, even in the absence of further corroborative evidence.
A dying declaration can serve as the sole basis for conviction if it is credible, voluntary, and corroborated by other evidence, despite inconsistencies in earlier statements.
Multiple inconsistent dying declarations require independent scrutiny and corroboration; prosecution must prove homicidal death beyond reasonable doubt despite defense lacunae; investigative lapses a....
Dying declarations can serve as the sole basis for conviction if corroborated by reliable evidence, and the prosecution must prove its case beyond reasonable doubt.
Dying declarations can constitute sole evidence for conviction if found voluntary and truthful; the burden of proof for alibi rests solely with the appellant.
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