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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT: HYDERABAD
K. LAKSHMAN, J.
Mrs. Manasa alias Jwala – Appellant
Versus
The State of Telangana, rep. by Public Prosecutor High Court of Telangana, Hyderabad through P.S. Bhuvangiri & another - Respondents
Criminal Petition No.2246 of 2021
Decided on : 05-07-2021
Dying Declaration - Criminal Proceedings - Indian Evidence Act, Section 32 - The dying declaration of the deceased was recorded, stating that the petitioner poured kerosene on the deceased and lit fire. The court discussed the admissibility and reliability of dying declarations, emphasizing that it is crucial evidence and can form the basis of conviction without corroboration if found to be true and voluntary. The court also highlighted the burden of proving the dying declaration lies on the prosecution and that the trial court is responsible for judging its reliability and admissibility. The court concluded that the Investigating Officer does not have the power to discard the dying declaration during the investigation stage.
Fact of the Case:
The deceased's dying declaration stated that the petitioner poured kerosene on him and lit fire. The petitioner sought to quash the proceedings, arguing that the dying declaration is not conclusive evidence and there is no other evidence against her. The court discussed the admissibility and reliability of dying declarations, emphasizing that it is crucial evidence and can form the basis of conviction without corroboration if found to be true and voluntary. The court concluded that the Investigating Officer does not have the power to discard the dying declaration during the investigation stage.
Finding of the Court:
The court found that the dying declaration of the deceased, stating the role played by the petitioner in the commission of the offence, is crucial evidence. The court emphasized that the admissibility and reliability of dying declarations are to be judged by the trial court and that the Investigating Officer does not have the power to discard the dying declaration during the investigation stage. Therefore, the court dismissed the criminal petition to quash the proceedings.
Issues: The issues revolved around the admissibility and reliability of the dying declaration, the power of the Investigating Officer to discard the dying declaration during the investigation stage, and the petitioner's request to quash the proceedings based on the dying declaration.
Ratio Decidendi: The court emphasized the admissibility and reliability of dying declarations, highlighting that it is crucial evidence and can form the basis of conviction without corroboration if found to be true and voluntary. The court also concluded that the Investigating Officer does not have the power to discard the dying declaration during the investigation stage.
Final Decision: The court dismissed the criminal petition to quash the proceedings, stating that the petitioner failed to make out any ground to do so.
ORDER :
The present Criminal Petition is filed to quash the proceedings in Crime No.231 of 2019 of Bhongir Town Police Station, Rachkonda Commissionerate. The petitioner herein is sole accused in the said Crime. The offence alleged against her is under Section 302 of IPC.
2. Heard Mr. Brahmadandi Ramesh, learned counsel for the petitioner and learned Public Prosecutor appearing on behalf of respondent No.1-State. Despite service of notice, none appears on behalf of respondent No.2 -de facto complainant.
3. On the complaint lodged by respondent No.2, the police of Bhongir Town, have registered a case in Crime No.231 of 2019, initially under Section - 174 of Cr.P.C. A perusal of the record would reveal that deceased - Bandaru Shiva Kumar got married to Mrs. Uma Maheshwari on 16.03.2015, and out of their wedlock, they have blessed with a male child, named Bandaru Koushik. Thereafter, matrimonial disputes arose between them and the first wife of the deceased left his company stating in written that she is not interested to lead matrimonial life with the deceased. Then, the deceased had decided to marry the petitioner, for which, the parents of petitioner asked him to give an undertaking with certain terms and conditions. Accordingly, the deceased had given a written undertaking on 05.05.2017. Pursuant to the said undertaking, their marriage was performed on 07.05.2017. Thereafter, matrimonial disputes even arose between the petitioner and the deceased and the petitioner left the company of the deceased.
4. As per the complaint, dated 15.09.2019 given by respondent No.2, sister of the deceased, on 13.09.2019 at about 11.00 a.m., the deceased went to the house of parents of the petitioner to take her to his house so as to lead matrimonial life, but the deceased poured kerosene himself and lit fire. He was shifted to Government Hospital, Bhongir and thereafter to Gandhi Hospital, Secunderabad for better treatment, but he died on 15.09.2019. On 14.09.2019 his dying declaration was recorded.
5. On the complaint lodged by respondent No.2, the police, Bhongir Town have registered a case in Crime No.231 of 2019 initially under Section - 174 of Cr.P.C. on 15.09.2019. The incident took place on 13.09.2019. The dying declaration was recorded on 14.09.2019 at Gandhi Hospital. Statements of witnesses under Section - 161 of Cr.P.C. were recorded on 15.09.2019, 16.09.2019, 17.09.2019 and 18.09.2019 itself. The alteration memo was filed on 06.03.2021 altering the section of law from Section - 174 of Cr.P.C. to Section - 302 of IPC. Since there is abnormal delay of 1½ year in filing the alteration memo, this Court vide order dated 22.03.2021 directed the learned Public Prosecutor to get specific instructions in the matter. On 23.03.2021, the learned Public Prosecutor, on instructions, has submitted that the Investigating Officer in Crime No.231 of 2019 has obtained certified copy of dying declaration on 15.11.2019 from Gandhi Hospital. There is a delay of 2 months in obtaining dying declaration. On 28.01.2020, the Investigating Officer has addressed a letter to the learned Public Prosecutor seeking his opinion. Thus, there is a delay of about 2½ months from obtaining the certified copy of dying declaration. The learned Public Prosecutor did not furnish his opinion. He has not permitted either the Investigating Officer or any police to his office due to COVID-19 pandemic. Thereafter, the Investigating Officer, who has conducted investigation at the initial stage, retired and in his place, new Investigating Officer took place and he has addressed another letter dated 30.08.2020 to the learned Public Prosecutor seeking his opinion. Due to rains, the entire file got damaged in the Public Prosecutor’s office. The same was reconstructed on 18.02.2021. Thereafter, the Investigating Officer has filed alteration memo on 06.03.2021. Thus, there is delay at every stage and there is abnormal delay in filing the alteration memo. Therefore, this Court vide order dat
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A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
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.
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.
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