The court held that a conviction based solely on a dying declaration must be corroborated by credible evidence; doubts in the prosecution's case warrant acquittal.

JUDGMENT

Raja Vijayaraghavan, J.

The above appeal is directed against the judgment dated 19.07.2021 in S.C. No.541 of 2017 on the file of the Additional District and Sessions Judge-VI, Thiruvananthapuram. The appellant was found guilty and was convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.5,00,000/- (Rupees Five lakhs only) under Section 302 of the Indian Penal Code , and to undergo imprisonment for 3 months under Section 447 of the IPC , with a default clause. The above finding of guilt, conviction and sentence is under challenge in this petition.

2. Brief Statement of Facts:

2.1 The deceased in the instant case is a septuagenarian widow. She was living alone. The prosecution allegation is that the accused with intent to sexually assault the lady, knocked on her door, on 9.12.2016, at about 10 p.m. and requested for water. When the deceased came out of her house, the accused is alleged to have caught her and attempted to have forceful sexual intercourse.

When the deceased attempted to raise a hue and cry, the accused snatched the chopper from her hands and inflicted multiple cut injuries on her neck and other parts of her body. After inflicting the above injuries, the accused is alleged to have taken out a steel knife (MO8) kept by him in his possession and inflicted further injuries on her chest, stomach and thigh. In a desperate bid to save her life, the grievously injured woman is said to have cried out and attempted to run towards the house of PWs 1 and 2, situated immediately to the north of her residence. Hearing her cries, PWs 1 and 2 opened their door and saw the deceased collapse on their sit-out, bleeding profusely from multiple injuries. By that time, some neighbours had also gathered at the scene.

2.2 The prosecution alleges that PWs 1 and 2 asked the injured as to how she had sustained the injuries and the injured is alleged to have named Manikantan, the son of Sarojini. By that time, PW4 (Ani. G.), a neighbour, had come to the spot. He summoned an Ambulance and the injured was rushed to the Hospital. PW8 (Biju Lal) was in the Ambulance and on the way, PW6 (Sivadasan), the brother of the deceased, entered the Ambulance. He also asked the deceased the cause of injuries and the injured is alleged to have divulged the name of the appellant. Though she was taken to the Attingal Taluk Hospital, her life could not be saved.

3. Registration of Crime and Investigation:

3.1 The First Information Statement was furnished by PW3 (Reghu), the son-in-law of the deceased at 3.27 a.m. on 10.12.2016 and based on the same, Crime No.1607/2016 was registered by PW29 (Safeer A.M.), the Sub Inspector of Police, Kadakkavoor Police Station under Section 302 of the IPC .

3.2 The investigation was taken over by PW32, the Circle Inspector of Police, Kadakkavoor Police Station. He conducted the Ext.P9 inquest over the dead body of the deceased and seized the clothes found on the body. The nail clippings handed over by the Doctor who conducted the autopsy were also seized. Ext.P17 scene mahazar was prepared in the presence of witnesses. The ownership certificate of the building in which the deceased was residing was obtained. The clothes, a chopper, and a torch which were found lying near the scene of crime were seized.

3.3 On 12.12.2016, at about 11:00 a.m., the accused was arrested, and Ext.P31 address report was forwarded to the court. Ext.P32 is the arrest memo. The medical examination of the accused was conducted, and Ext.P35 is the Medical Examination Report prepared in that regard. Based on Ext.P36 disclosure statement given by the accused, the lungi and shirt worn by him at the relevant time were seized from the cloth hanger in his bedroom. Ext.P11 is the Recovery Mahazar detailin