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1996 Supreme(All) 870
IN THE HIGH COURT OF ALLAHABAD
GIRIDHAR MALAVIYA, J. C. MISHRA
BAIJNATH - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Criminal Appeal 2592 Of 1979
Decided On : 08/08/1996
BHAGVAN PRASAD GUPTA, J.S.SANGAR, R.C.DIPAK
A dying declaration is admissible as evidence in a criminal trial if it is found to be reliable and trustworthy. It can be corroborated by other evidence, such as medical evidence and the testimony of eyewitnesses. If the court is satisfied that the dying declaration is true and free from any effort to induce the deceased to make a false statement, it can form the basis of a conviction, even if there is no corroboration.
Headnote:
CRIMINAL APPEAL - SECTION 302/34, I. P. C. - DYING DECLARATION - RELIABILITY - CORROBORATION - MURDER - COMMON INTENTION - SECTION 302, I. P. C.
Fact of the Case:
Accused Natthu and Phoolchand were convicted under Section 302/34, I. P. C. for the murder of Hiralal. The prosecution's case was that Natthu had a strained relationship with his wife, Smt. Premwati, due to her alleged infidelity with the deceased, Hiralal. This led to Natthu pressurizing Smt. Premwati to take up prostitution and bringing men to their house for that purpose. Smt. Premwati refused and was subjected to cruelty by Natthu. She filed a divorce case against him and started living with the deceased. On the day of the incident, Natthu and Phoolchand caught hold of the deceased, threw him on the ground, and assaulted him with knives. The deceased died due to injuries sustained during the assault.
Finding of the Court:
The court found that the dying declaration of the deceased was reliable and trustworthy. It was recorded promptly after the incident, within 45 minutes, and the deceased was in a fit mental state to give his statement. The court also found that the dying declaration was corroborated by the medical evidence and the testimony of eyewitnesses. The court held that Natthu and Phoolchand had the common intention to commit murder and were guilty of the offense under Section 302, I. P. C.
Issues: 1. Whether the dying declaration was reliable and trustworthy. 2. Whether the dying declaration was corroborated by other evidence. 3. Whether the accused had the common intention to commit murder.
Ratio Decidendi: 1. The court held that the dying declaration was reliable and trustworthy based on the following factors: - It was recorded promptly after the incident, within 45 minutes. - The deceased was in a fit mental state to give his statement. - The statement was coherent, consistent, and unambiguous. - There was no evidence of tutoring or inducement. 2. The court found that the dying declaration was corroborated by the following evidence: - The medical evidence supported the injuries described in the dying declaration. - Eyewitnesses testified to seeing the accused assaulting the deceased. 3. The court held that the accused had the common intention to commit murder based on the following factors: - The accused had a strained relationship with the deceased due to his alleged infidelity with the accused's wife. - The accused had threatened to kill the deceased. - The accused had brought knives to the scene of the incident. - The accused had repeatedly assaulted the deceased with knives, causing fatal injuries.
Final Decision: The court partly allowed the appeal. The convictions and sentences of the accused Sukhlal and Baijnath were set aside due to the benefit of doubt. The convictions and sentences of the accused Natthu and Phoolchand were maintained.
( 1 ) THE accused Baijnath, Sukh Lal, Phoolchand and Natthu were convicted under Section 302/34, I. P. C. and sentenced to life imprisonment by the 2nd Additional Sessions Judge, Jalaun at Orai in S. T. No. 74 of 1977. The informant Bansilal (P. W. 1) is brother of the deceased Hiralal. They were sons of Gutai. Sisters of Natthu were married to the deceased Hiralal, accused Sukhlal and accused Baijnath. The accused Phoolchand happens to be sisters son of accused Natthu.
( 2 ) THE accused Natthu was married to Smt. Premwati alias Lalli (P. W. 5) and they lived together in Mohalla Chamanganj, District Kanpur. The father of accused Natthu was employed in Swedeshi Mill, Kanpur and he was maintaining his son, who had no source of livelihood. He died in the year 1969. After his death accused Natthu, who had no earning to meet day to day expenses was facing financial problems, which were aggravated by his habit of drinking and gambling. He started pressurising his wife Smt. Premwati to take up prostitution and started bringing persons to his house for that purpose. She refused to oblige and declined the suggestion. The accused felt offended, he started beating her. She was often subjected to cruelty, Smt. Premwati found it impossible to live with him. She, therefore, filed case No. 13 of 1974 in the Court of Civil Judge, Kanpur for divorce.
( 3 ) THEN the prosecution case is that Smt. Premwati got entangled with the deceased Hiralal, whose wife had died. On account of relations of his wife with the deceased Hiralal the accused Natthu got annoyed with the deceased. The ill will got aggravated by the institution of the divorce suit. This furnished motive behind the crime.
( 4 ) THE prosecution case is that on 28-4-1974 the deceased Hiralal, after dining, was going, at about 1 p. m. , to the shop of his brother informant Bansilal and when he reached near the shop of Tikaria Bania, the accused Natthu and his sisters son Phoolchand caught and threw him on the ground. The accused Sukhlal. brother-in-law of the accused Natthu took out a knife and gave it to Phoolchand. Natthu was in possession of Knife. Both Natthu and Phoolchand fell upon the deceased and started assaulting the deceased with knives held by them. The deceased raised an alarm thereby attracting Bharat Singh, Ramju Chamar, Rajaram, Mansaram, Fatar Singh etc. They succeeded in overpowering one of the culprits, who on interrogation disclosed his identity as Deepchand alias Kamal Kumar, son of Ganga Prasad, resident of Lakshmi Purwa P. S. Raj Purwa District Kanpur.
( 5 ) RAM Prakash Kori, Duli Chand Kanjarh and Maikulal carried !he apprehended culprit Deepchand alias Karnal Kumar to the police station, along with knife held by him and handed over to the then head constable clerk Ram Daur Singh (P. W. 8 ).
( 6 ) THE informant Bansilal carried his brother to District. Hospital, Orai, where he was examined at 1. 00 p. m. by Dr Subhash Chandra Saxena (P. W. 4), who found the following injuries on his body :- 1. Incised wound 2. 5 cm. x 1. 4 cm. x muscle deep on left side of the neck with linear scratch of 3 cm extending from upper end of it. 2. Incised wound 3 cm. x 3/4 cm x muscle deep oblique. Left side of chest 18 cm. inward and down to left nippel. 3. Contusion 3 cm. x 3 cm. front of chest lower part. 4. Incised wound 2 cm. 1/2 cm. x depth uncertain probing not done wound tranverse on lateral side of left chest. 5. Incised wound 1 1/2 cm. 1/2 cm. x muscle deep on front of penis, oblique. 6. Incised wound 2 cm. x 1/2 cm. x muscle deep on outer aspect of left thigh upper part (oblique ).
( 7 ) INCISED wound 2 cm. x 1/2 cm. muscle deep 5 cm. below injury No. 6. 7. The statement of deceased Hiralal was recorded by Shri G. S. Hasmi (P. W. 7) the then S. D. M. Orai after obtaining a certificate from the Medical Officer and himself satisfying that he was in a fit state of mind to give his statement.
( 8 ) THE investigation of the case was taken over by S. I. Shambhu Na
