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1997 Supreme(Online)(Mad) 2

MADRAS HIGH COURT
, J
Re: Basith and Others
S. C. No. 3/96



Advocates:
For the Appellants/Petitioners: Mr. Padmanabhan
For the Respondents: Mr. R. Shanmughasundaram

Dying declarations must be consistent and reliable, as they can form the sole basis for conviction only if they inspire full confidence and are free from inconsistencies.

Headnote:(A) Indian Penal Code, 1860 - Sections 302 and 302 read with 109 - Criminal Procedure Code, 1973 - Section 366 - Death sentence - Conviction of appellants for murder based on dying declarations - Court finds multiple inconsistencies in dying declarations rendered by the deceased, questioning their reliability - Evidence recorded shows absence of corroboration for serious charges - Fundamental flaws identified in prosecution's case - Appeals allowed, conviction set aside. (Paras 1, 33, 34)

(B) Dying Declaration - Evidentiary value - Court highlights the need for careful scrutiny of such statements, especially when alternatives exist - The legal principle states that dying declarations holding credibility must inspire full confidence and be devoid of inconsistencies. (Paras 12-21)

Facts of the case:
Appellants were convicted for the murder of the first appellant's wife, who was set on fire following domestic disputes over jewelry purportedly connected to the purchase of a new house. The court examined multiple dying declarations made by the victim before her death, which were crucial to the prosecution’s case but riddled with inconsistencies. (Paras 2-3)

Findings of Court:
The court concluded that the prosecution failed to establish the appellants' guilt beyond a reasonable doubt based on the shaky ground of dying declarations, which featured severe contradictions, making them unreliable for conviction. (Paras 30-34)

Issues: The critical issues revolved around the authenticity and reliability of the dying declarations attributed to the victim in light of the surrounding circumstances and absence of direct corroborative evidence. (Paras 10, 21)

Ratio Decidendi: The court emphasized that while dying declarations can be a basis for conviction, they must be substantiated by credible evidence and free of contradictions. Inconsistency among multiple statements cast doubt on their truthfulness, which the court was bound to consider before convicting. (Paras 12-19)

Result: Appeals allowed, conviction set aside, and appellants acquitted. (Paras 35)

Table of Content
1. conviction of appellants for murder. (Para 1 , 2 , 3)
2. details of the incident leading to death. (Para 4 , 5 , 6)
3. charges framed against appellants. (Para 7 , 8 , 9)
4. prosecution's evidence and witness reliability. (Para 10 , 11)
5. understanding dying declarations in law. (Para 12 , 13)
6. criteria for admissibility of dying declarations. (Para 14 , 15)
7. case law supporting dying declarations. (Para 16 , 17)
8. scrutiny of multiple dying declarations. (Para 18 , 19)
9. weight of reliability in dying declarations. (Para 20 , 21)
10. evaluating dying declarations for credibility. (Para 22 , 23)
11. assessment of statements made by the victim. (Para 24 , 25)
12. analyzing inconsistencies in dying declarations. (Para 26 , 27)
13. concerns over reliability of recorded statements. (Para 28 , 29)
14. defense counsel arguments and challenges. (Para 30 , 31)
15. trial court's approach criticized. (Para 32 , 33)
16. verdict for acquittal of the appellants. (Para 34 , 35)

1. In S. C. No. 3/96 on the file of First Additional Sessions Judge, Trichy, the appellants were convicted for the offence under S.302 and S.302 read with 109 Indian Penal Code and were sentenced to death. The present appeal has been resorted to by the appellants. Besides this reference also has been made under S.366 Code of Criminal Procedure before this Court for confirmation of death sentence imposed by the Trial Court.

2. The indictment against the appellants is that on 21-9-1995 at about 1.30 p.m., in the house door No. 52, Kaja Thoppu Tennur, Trichy, the first appellant at the instigation of the appellants 2 and 3 poured Koresene over the body of the victim and set fire, with the result the victim died at 12.00 p.m., on 26-9-1995.

3. The short facts leading to the conviction were as follows : -
(a) The unfortunate victim in this case Sherfunnisa alias Rajathi was the wife of the first appellant Dasth. The appellants 2 and 3 are the parents of the first appellant. P.W.4 Hussain and P.W. 5 Aiyasha Beevi are the parents of the victim deceased P.W.6 Jaffer Sathick is her brother.
(b) About two years before the incident, the victim Sherfunnisa was married to first appellant. The parents of the victim belonged to Pudupet, Madras. The appellants are the residents of Trichy, Kosa Thoppu residing in door No. 52, Tennur, Trichy. Their house is situated in a closely and thickly populated area. There are several houses situated surrounding the house of the appellants. P.W.1 Sherfunnisa, P.W.2 Alima Beevi P.W.3 Jarina are the residents of nearby houses.
(c) One year prior to the occurrence a female child was born to those spouses. The appellants were living in the said rented house along with the deceased as a joint family. Since the appellants wanted to purchase a new house, they asked the victim deceased to give her jewels to raise funds for the purpose of purchasing a house. The victim agreed to part with her jewel on the condition that the house must be purchased in her name. But this plea had been turned down by the appellants. From then onwards, they became hostile in their attitude towards the victim and day in and day out they used to beat her. Appellants 2 and 3 used to instigate first appellant to beat and drive her out. So the torture and ill treatment at the hands of the first appellant / husband continued every day.
(d) About two days prior to the occurrence P.W.6 Jaffer Sathick the brother of the victim came to Trichy in order to meet some persons for his business purpose. Whenever he came to Trichy he used to stay in the house of P.W.12 Aiya Begam. She is the sister's daughter of P.W.4. Her house also situated in Tonnur at Quaid - e - Millath Nagar at Trichy. This area is very near to the house of the deceased. While he came to Trichy, the victim complained to him about the ill - treatment meted out to her by the appellants since she was not amenable for the demand of parting with her jewels. P.W.6 pacified her by saying that he would make immediate ar


























































































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