2025 Supreme(Online)(MP) 9799

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Anand Pathak, Hirdesh, JJ
Banti – Appellant
Versus
State of Madhya Pradesh – Respondent
CRIMINAL APPEAL No. 259 of 2016

A dying declaration serves as a sufficient basis for conviction without further corroboration if the court determines it is voluntary, credible, and made in a fit mental state, with medical fitness certification acting as a rule of caution rather than a mandatory legal requirement.

Headnote:(A) Indian Penal Code, 1860 - Sections 302 and 452 - Code of Criminal Procedure, 1973 - Section 374 - Protection of Children from Sexual Offences Act, 2012 - Section 8 - Conviction for murder and house-trespass - Dying declaration - Credibility and evidentiary value - A dying declaration can form the sole basis of conviction if it is found to be voluntary, true, and made in a fit state of mind - Medical certification of the declarant is a rule of caution and not an absolute legal necessity - Absence of corroboration does not invalidate a dying declaration if it otherwise inspires full confidence. (Paras 13, 14, 15, 16)

(B) Witnesses - Relationship - Evidence of close relatives cannot be discarded solely on grounds of kinship unless there is clear evidence of animosity or motive for false implication - Close relatives are often natural witnesses to domestic incidents - Testimony of such witnesses is reliable when consistent and corroborated by medical and forensic reports. (Paras 20, 21, 22)

Facts of the case:
The appellant challenged a judgment of conviction and life imprisonment for murder and house-trespass related to a fatal incident where a minor girl was set ablaze. The prosecution alleged that the appellant entered the residence, attempted to molest the victim, and, upon her resistance, poured kerosene and ignited her. The defense contested the case by arguing that the victim committed suicide due to family disputes, suggested that the dying declaration was unreliable due to the victim's physical state, and contended that the witnesses were interested parties due to familial relations.

Findings of Court:
The court determined that the dying declaration was recorded by an executive magistrate after obtaining medical certification and was found to be consistent, free from tutoring, and voluntary. The ocular testimony of family members was corroborated by local witnesses and forensic evidence pointing to the deliberate nature of the act. The theory of suicide was found to have no evidentiary support, and the court held that the brutality of the crime against a minor did not permit any leniency in sentencing.

Issues: 1. The reliability and admissibility of the dying declaration. 2. Whether the testimony of related witnesses is sufficient ground for a conviction. 3. Whether the prosecution proved the charge of intentional murder beyond reasonable doubt.

Ratio Decidendi: A dying declaration is a substantial piece of evidence that can support a conviction without corroboration if the court is satisfied that the statement is voluntary and the declarant was in a fit mental state. Alleged familial bias of witnesses is not a ground for rejection in the absence of evidence indicating motive for false implication. Where the act is proven to be a deliberate, brutal assault resulting in death, the categorization of the offense under homicide is justified, and long custodial stay does not warrant leniency for crimes against vulnerable victims.

Result: Appeal dismissed; conviction and sentence affirmed.