Dying declarations made by a person who is dead, as to the cause of their death or the circumstances of the transaction which resulted in their death, are admissible in evidence under Section 32(1) of the Evidence Act.

Headnote:
CRIMINAL APPEAL - MURDER - SECTION 302 IPC - DYING DECLARATION - ADMISSIBILITY - RELIABILITY - CIRCUMSTANTIAL EVIDENCE - CONVICTION - SECTION 32 EVIDENCE ACT - SECTION 307 IPC - SECTION 498A IPC - SECTION 120B IPC - SECTION 34 IPC
Fact of the Case:

The case involved the murder of Smt. Om Kanwar, who succumbed to extensive burn injuries sustained at her in-laws' house. The prosecution alleged that the appellant Smt. Magan Kanwar, mother-in-law of the deceased, sprinkled kerosene on her clothes, and the appellant Dalip Singh, her 'Dewar' (husband's younger brother), set fire to her clothes. The appellants were convicted under Section 302 IPC, and the other co-accused were acquitted.
Finding of the Court:

The court held that the two dying declarations made by the deceased, one recorded by a police officer and the other by a medical officer, were admissible under Section 32(1) of the Evidence Act and were reliable and trustworthy. The court found that the appellants had left the victim unattended with burn injuries, which was a serious act.
Issues: 1. Whether the dying declarations were admissible and reliable? 2. Whether the circumstantial evidence was sufficient to convict the appellants?
Ratio Decidendi: 1. The court held that the dying declarations were admissible under Section 32(1) of the Evidence Act as they were made by the deceased as to the cause of her death and the circumstances of the transaction resulting in her death. The court found that the statements were made in a fit mental condition and were voluntary and contained a true account of the incident. 2. The court held that the circumstantial evidence, including the dying declarations, was sufficient to convict the appellants. The court found that the appellants had a motive to kill the deceased and that they had the opportunity to do so.
Final Decision: The court dismissed the appeal and upheld the conviction and sentence of the appellants.

JUDGMENT

1. - This appeal is directed against the judgment and order dated May 30, 1992 passed by Sessions Judge, Sikar in Sessions Case No. 1/1992 convicting the appellant Dilip Singh under Section 302 IPC and the appellant Smt. Magan Kanwar under Section 302 read with 34 IPC. Both of them were sentenced to undergo imprisonment for life and to a pay a fine of Rs. 500/- each. In default of payment of fine to further undergo rigorous imprisonment for six months. The other co-accused, namely : Richpal Singh and Bhanwar Singh were acquitted of all the charges and the appellants were also acquitted of the remaining charges framed against them.2-3. The case relates to the murder of Smt. Om Kanwar, wife of co-accused Bhanwar Singh, who succumbed to her extensive burn injuries sustained by her at her in-laws house in village Sarwadi. In brief, the prosecution case was that the appellant Sent. Magan Kanwar, mother-in-law of the deceased, sprinkled kerosene on her clothes and the appellant Dalip Singh, her `Dewar' (husband's younger brother) set fire on her clothes. The shocking part of the prosecution case is that all the family members of her in-laws left Smt. Om Kanwar unattended in the house. P.W. 12 Bhanwar Singh a neighbour, having come to know that Smt. Om Kanwar was lying unattended in her in-laws' house with burn injuries went to the police station Losal and orally informed the police about this fact at about 12.45 p.m. on the day of incident i.e. on September 30, 1991. On getting information, Head Constable Mahaveer Singh (P.W. 1) along with police constable Riyasat Ali (P.W. 10) came to village Sarwadi and found Smt. Om Kanwar in Govt. Dispensary with burn injuries. As no doctor was available in the Dispensary at Sarwadi, she was taken to Government Hospital Losal where she was admitted as indoor patient P.W. 3 Dr. Ratan Singh was posted there as Medical Officer. He was requested by the Head Constable to record dying declaration of Smt. Om Kanwar as her condition was precarious. Head Constable Mahaveer Singh also recorded Parcha Bayan of Smt. Om Kanwar in the hospital itself at 2.40 p.m. which is Ex.P/1 on the record. In her statement, she narrated the incident as under:-

"ipkZ c;ku Jherh vksedaoj iRuh Jh Hkaoj flag tkfr&jktiwr] mez 25 o"kZ fuoklh&ljcM+h] gky jk0fp0 yksly us nj;kQ~r ij c;ku fn;k fd vkt fnukad 30-9-91 lqcg djhc 10 cts fnu dh ckr gS eSa ?kj esa pkSd ds vUnj cSBh Fkh esjk ifr MkcM+h x;k gqvk Fkk ihNs ls eq>s esjh lkl o llqj fjNikyflag o nsoj nyhiflag us ekjihV dh fQj ,d cksry dsjksflu rsy dh esjh lkl ysdj vkbZ tks fd esjs mij diM+ksa esa lHkh us idM+ dj Mky nh fQj esjs nsoj us ekfpl ls vkx yxk nh ftlls esjs iwjs diM+s ty x;s eSaus ckjxksMk fd;k rks iM+kSl dh vkSjrsa vkbZ ftUgksaus vkx cq>kdj eq>s nwljs diM+s iguk;sA esjh 'kknh gq, djhc pkj lky gks x;s gSa esjs dksbZ lUrku Hkh ugha gqbZ gSA esjk ifr Hkaojflag Hkh eq>ls ekjihV djrk Fkk vkt og ?kj ij ugha FkkA vkx ls esjk iwjk 'kjhj ty x;k gS vkt lqcg eq>s [kkus ds fy, Hkh dqN ugha fn;k vc eSa iqfyl ds lkFk yksly vLirky esa vkbZ gwaA

egkohjflag"
Dr. Ratan Singh attested the above statement. On the basis of this Parcha Bayan, Crime No. 99/1991 was registered at Police Station Losal under Sections 307 and 498A IPC vide FIR Ex.P/9.4. P.W. 3 Dr. Ratan Singh Ola, then recorded dying declaration of Smt. Om Kanwar, from 3 to 3.15 p.m. on 30th September. The said dying declaration was recorded in the presence of Dr. Somendra Mohan (P.W. 15) and Compounder Bhagirath Mal (P.W. 2). It is Ex.P/2 on the record which reads as under

"esjk uke vksedaoj gSA mez 25 o"kZ gSA ifr dk uke Hkaoj flag gSA xkao ljcM+h gSA vkt lqcg 10 cts esjh lkl us ,d cksry dsjkslhu rsy esjs flj ij Mkydj nsoj us ekfpl yxk nhA llqj ?kj ij pkSd esa FkkA vkSj fQj ifr ?kj ij ugha Fkk blls igys Hkh esjs lkFk dbZ ckj lkl] llwj vkSj ifr us ekjihV dh FkhA eq>s fdlh us NqM+k;k ughaA dqN nsj ckn iM+kSl dh efgykvksa us nwljk ?kk?kjk iguk;kA"
5. Injuries of Smt. Om Kanwar were examined at 2.50 p.m. by Dr. Ratan Singh Ol

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Judicial Analysis

1996 Supreme(Raj) 1173

Dying declarations made by a person who is dead, as to the cause of their death or the circumstances of the transaction which resulted in their death, are admissible in evidence under Section 32(1) of the Evidence Act.

Cases Referred (5)

Judicial Analysis