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2005 Supreme(Online)(Mad) 2

MADRAS HIGH COURT
A.M. Basheer, J
Azhagesan v. State
Criminal Appeal No. 125 of 2003



Advocates:
For the Appellant: [List of names]
For the Respondents: [List of names]

The reliance on credible dying declarations supported by corroborative evidence confirms conviction for murder despite initial contradictory statements.

Headnote:(A) Indian Penal Code, 1860 - Sections 302 and 498(A) - Conviction for murder based on dying declarations - The court examined multiple dying declarations made by the deceased and determined their reliability - It held that the dying declaration corroborated by other evidence established the accused's guilt beyond reasonable doubt - Notwithstanding contradictions in earlier statements, the consistent account in subsequent pleas indicated intentional wrongdoing by the accused. (Paras 8-19)

(B) Evidence Act - Dying declarations - The court emphasized that the totality of circumstances surrounding a declaration influences its acceptance - It ruled out reliance on initial inconsistent statements under coercion, preferring statements made later in a fit state of mind. (Paras 12-14)

Facts of the case:
The appellant was convicted for the murder of his wife, who died due to burn injuries. Conflicting accounts were presented regarding the cause of her death, with the accused claiming accident and the deceased implicating him in her dying declarations.

Findings of Court:
The court upheld the conviction, rejecting the defense's arguments based on inconsistencies in the deceased's statements and criticizing the investigation's handling of pertinent evidence.

Issues: The court addressed the legitimacy of the dying declarations submitted and the sufficiency of corroborative evidence supporting the conviction.

Ratio Decidendi: The court reasoned that corroborating evidence alongside credible dying declarations supported the conviction, emphasizing how coercion and circumstances could affect initial statements.

Result: Appeal dismissed.

Table of Content
1. appellant convicted of murder under ipc. (Para 1 , 2)
2. evidentiary concerns raised regarding dying declarations. (Para 3 , 4 , 5 , 6)
3. court evaluates reliability of declarations and corroborative evidence. (Para 7 , 8 , 9)
4. discussion on inconsistent statements and coercive influences. (Para 10 , 11 , 12)
5. final judgment confirming conviction upholds evidentiary standards. (Para 18 , 19 , 20)

1. The appellant, who was the sole accused in SC No. 53 of 2000 on the file of the Tribunal Sessions Judge, Tiruvannamalai, was tried for the offences under S.498(A) and S.302, IPC, but was convicted only under S.302, IPC and sentenced to undergo R.I. for life and imposing a fine of Rs. 1000/- in default to undergo R.I. for one month. Challenging the above conviction and sentence, the appellant has filed this appeal.

2. The facts in brief are as follows :
"(a) The accused is the husband of the deceased Uma Maheshwari. PW 1 is the father of the deceased. PW 2 is the wife of the younger brother of PW 1, who hailed from Kamampattu village. The deceased and the accused got married on 3-10-1996 and they were living in the house of PW 1 for some time. The accused wanted to live separately, for which, PW 1 was not willing and objected to it, over which, dispute arose between the husband and wife, which resulted in filing a complaint at All Women Police Station, Tiruvannamalai.
(b) PW 10, Sub Inspector of Police, All Women Police Station, Tiruvannamalai, who received the complaint from the deceased, registered the same in Petition Register No. 106 of 1997, Ex.P6, and after enquiry, on an assurance by the accused that he will neither scold nor beat the deceased, she sent them after advising them with warning. Thereafter the deceased and the accused were living together at the residence of the accused.
(c) The motive of the occurrence is said to be that the accused urged his wife very often for getting money to meet his expenses and also wanted to sell the land of 50 cents gifted by the father of the deceased and bring the money of Rs. 60,000/- after selling the property. It is alleged that the father of the deceased PW 1 has gifted the land to the deceased with a condition, that after the life of the deceased, the children of the deceased will have the absolute right over such property. Since the deceased had no issues, the accused wanted the deceased to sell the property and bring the money.
(d) On 3-10-1999 the accused wanted to pledge the vessels for which the deceased was not willing. When the deceased has returned from her work the accused wanted some money to purchase egg. When such demand was denied, the accused has set fire on the deceased after pouring the kerosene at 7.30 p.m. on the same day.
(e) Immediately the deceased was taken to the Government Hospital, Tiruvannamalai, by the sisters of the accused and she was admitted in the Government Hospital at 8.45 p.m. by DW 1 to whom, at the time of admission the deceased has stated that she sustained injuries at 8.00 p.m. in her residence due to stove burst and an intimation was sent to the Vettavalam Police Station.
(f) PW 12, Inspector of Police, Vettavalam Police Station received the intimation at 11.45 a.m. on 4-10-99 and immediately went to the Government Hospital, Tiruvannamalai and recorded the statement of the deceased, Ex. P9, and registered a case in Cr. No. 254 of 1999 under S.498(A) and S.307, IPC and prepared FIR, Ex.P10. He took up the investigation and reached the scene of occurrence at 3 p.m. and in the presence of PW 5 and one Rajendran he prepared Ex. P1, Observation Mahazar and rough sketch Ex. P11. He went to the Government Hospital, Tiruvannamalai and examined the deceased and the witnesses PW 1, PW 2 and one Ramalingam, and Elavarasi and recorded their statements. On the same day at 7.30 p.m., he arrested the accused and a confession given by the accused was recorded in the presence of PW 6 and one Maria Joseph. On that basis, he has recovered MO 1 to 3






































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