Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Bom) 248796

HIGH COURT OF BOMBAY
Bharati Dangre, Shyam C. Chandak, JJ
Santosh Laxman Niskate – Appellant
Versus
State of Maharashtra – Respondent
CRIMINAL APPEAL NO. 545 OF 2017

Advocates:
For the Appellants/Petitioners: Shivraj Patil
For the Respondents: S.R. Agarkar

A dying declaration, when recorded while the declarant is in a sound state of mind verified by medical certification, can form the sole basis for a criminal conviction, notwithstanding minor technical or procedural irregularities in the document's formal attestation.

Headnote:(A) Indian Penal Code, 1860 - Section 302 - Code of Criminal Procedure, 1973 - Evidence Act, 1872 - Section 32(1) - Murder - Dying declaration - Credibility and evidentiary value - Court is empowered to sustain a conviction solely on the basis of a dying declaration, provided it is found to be truthful, voluntary, and credible upon careful examination - Absence of formal attestation or technical documentation, such as the name of the declarant under the thumb impression, does not automatically render the declaration inadmissible if it otherwise inspires confidence regarding its veracity and the declarant was certified fit by a medical professional. (Paras 13, 14, 16)

(B) Evidence - Burden of proof - In matters involving deaths occurring within the domestic sphere, where the presence of the accused is established at the time of the incident, the burden shifts to the accused to explain the circumstances surrounding the death. (Para 2)

Facts of the case:
An individual was convicted for the murder of their spouse by setting the individual on fire. The prosecution case relied heavily on a dying declaration. The defense challenged the conviction, contending that the dying declaration was unreliable due to the absence of the declarant's name under the thumb impression, lack of proper attestation, and procedural flaws in the recording process. The defense further argued that the victim survived for several days, suggesting a lack of intent to commit culpable homicide.

Findings of Court:
The court observed that the medical officer had certified the deceased's consciousness and fitness to provide a statement at the time of recording. The consistency of the narrative provided by the deceased, corroborated by the medical evidence of the cause of death by burn injuries, established the guilt of the accused. The court held that procedural lapses in documentation do not weaken the probative value of a dying declaration if the record confirms that the statement was given voluntarily and the declarant was in a sound state of mind.

Issues: Whether the dying declaration could be relied upon as the sole basis for conviction despite the absence of formal attestation and the declarant's name beneath the thumb impression, and whether the prosecution successfully discharged the burden of proof regarding the commission of murder.

Ratio Decidendi: A dying declaration remains a high-value piece of evidence. As long as it is established that the declaration is spontaneous, truthful, and recorded while the declarant is in a fit state of mind, minor procedural errors during the recording process will not negate its reliability or admissibility. The court confirmed that the evidence provided by medical and executive officers established the guilt beyond reasonable doubt.

Result: Appeal dismissed; conviction and sentence upheld.

JUDGMENT :- (Per Bharati Dangre, J)

1 The following charge was framed against accused Santosh Laxman Niskate by 2nd Additional Sessions Judge, Palghar in Sessions Case No.16/2014 on 18/1/2016.

“That, you above named accused since 10 years before the incident till 2/12/2013 at about 22.30 hours, at the house of informant at Velgaon Varthepada, Tal. Palghar, Dist Thane within jurisdiction of Manor police station, being the husband of the deceased Sau.Sanjana Santosh Nisakate, subjected her to cruelty by harassing her physically and mentally, beaten her, abused her and also kept love affair with another lady and that you thereby committed an offence punishable under Section 498A of IPC and within my cognizance.

Lastly, that you above named accused on 2/12/2013 at about 22/30 hours, at above mentioned place, did commit murder by intentionally causing the death of Sau. Sanjana Santosh Niskate by pouring kerosene on her person and putting her on fire with the help of matchstick and that you hereby, committed an offence punishable under Section 302 of IPC and within my cognizance.”

Since the accused pleaded not guilty, the prosecution laid its evidence before the Court through nine witnesses to establish the charges under Section 498A and Section 302 of IPC.

The incident resulting in accusations is alleged to have taken place on 2/12/2013 when the accused poured kerosene and set his wife Sanjana on fire at their residence. She was admitted to the Rural Hospital, Manor and later shifted to Civil Hospital, Thane.

Upon her Dying Declaration being recorded at the Civil Hospital, Thane, the subject FIR was registered as she categorically referred to her husband as the person who set her on fire.

The Dying Declaration is recorded by the Special Executive Officer (PW 3) on certification of Doctor Sachin Rajput (PW 4) about she being in a conscious condition to give a statement.

On 7/12/2013, Sanjana was brought home from the hospital, but her condition deteriorated and she came to be admitted to Sanjeevani Hospital, Boisar and on 10/12/2013, it was advised that she should be transferred to Nair Hospital, Mumbai. However, enroute, she passed away.

Upon her death, the body was sent for autopsy and Dr. Hemant (PW 7) performed the postmortem. The two Investigating Officers were examined as PW 8 and PW 9.

2 On appreciating the evidence lead by the prosecution and confronting the accused with the evidence brought on record by recording his statement under Section 313 , the Sessions Court pronounced upon the guilt of the accused, as it is recorded that Sanjana died due to burning in the house where the presence of the accused is established. At the relevant time, only Santosh, deceased Sanjana and their young daughter were present in the house, and since, she was in custody of the accused, the burden was cast upon him in terms of section 106 of the Indian Evidence Act, to explain in what circumstances she sustained injuries, however, he maintained absolute silence and even did not provide any explanation in his statement under Section 313 , nor did he make any attempt to extinguish the fire. In the wake fo the Dying Declaration given by the deceased Sanjana, the trial Judge recorded that the prosecution had proved the offence punishable u/s.302 of the IPC though the accused was held entitled for acquittal of the charge u/s.498A.

3 Recording that the prosecution had conclusively established by cogent, consistent and reliable evidence that deceased Sanjana died due to burning for which the accused is responsible, he was sentenced to suffer Imprisonment for life and pay fine of Rs.2,000/-, in default to suffer Simple Imprisonment for two months.

In the wake of his arrest on 3/12/2013, he was held entitled to a set off u /s.428 and 433 of the Crpc for the period of detention.

4 It is this finding of guilt and resultant sentence imposed upon Santosh by the Addl. Sessions Judge in the impugned judgment, the present Appeal is filed.

The learned couns

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2025 Supreme(Online)(Bom) 248796

HIGH COURT OF BOMBAYBharati Dangre, Shyam C. Chandak, JJSantosh Laxman Niskate – AppellantVersusState of Maharashtra – RespondentCRIMINAL APPEAL NO. 545 OF 2017

A dying declaration, when recorded while the declarant is in a sound state of mind verified by medical certification, can form the sole basis for a criminal conviction, notwithstanding minor technical or procedural irregularities in the document's formal attestation.

HIGH COURT OF BOMBAY
Bharati Dangre, Shyam C. Chandak, JJ
Santosh Laxman Niskate – Appellant
Versus
State of Maharashtra – Respondent
CRIMINAL APPEAL NO. 545 OF 2017