1. Appeal against conviction for murder — Death from burns after quarrel — Dying declarations recorded. (Para 1 , 2 , 3 , 4 , 5 )
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2025 Supreme(Online)(Tel) 54596
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Surender, E.V. Venugopal, JJ
Veeraganti Srinivas – Appellant
Versus
The State of Telangana – Respondent
CRIMINAL APPEAL No.273 of 2019
Important Points
Dying declarations must be reliable, voluntary, and truthful to sustain a conviction. Where contradictions exist and there is a significant time gap between the incident and death, the court may convert a murder conviction to culpable homicide not amounting to murder.
Subject
Criminal Law - Culpable Homicide/Murder
Act Referred
Headnote
(A) Indian Penal Code - Sections 302, 304 Part-II, 498A, 307 - Indian Evidence Act, 1872 - Section 32(1) - Dying declaration - Reliability and admissibility - Conviction based on dying declaration where witnesses turn hostile - Time gap between incident and death - Requirement of proof beyond reasonable doubt. (Paras 7, 11, 12)
(B) Dying Declaration - A dying declaration is a substantive piece of evidence provided it is voluntary and truthful. Where there is suspicion or contradictions, it may not be the sole basis for conviction without corroboration. (Paras 61-64)
(C) Proof vs Suspicion - In a criminal trial, grave suspicion cannot replace legal proof. The distance between "may be true" and "must be true" must be covered by cogent evidence. (Para 7)
Facts of the case:
The appellant was convicted under Section 302 of the IPC for setting his wife on fire following a quarrel and due to his alcohol addiction. The deceased had provided dying declarations to a Magistrate and a Police officer. The deceased died 40 days after the incident. All other witnesses turned hostile during the trial.
Findings of Court:
While the act of causing burns was established through the dying declarations, the court noted contradictions in the statements and the significant timeframe between the incident and death, observing that the death was not a direct consequence of the burns alone.
Issues: Whether the dying declarations were reliable and whether the offense amounted to murder or culpable homicide.
Ratio Decidendi: The court held that while dying declarations are relevant regardless of the immediate expectation of death, their reliability is crucial. Given the contradictions and the time gap, the conviction was modified from murder to culpable homicide not amounting to murder.
Result: Criminal Appeal partly allowed; conviction converted from Section 302 to Section 304 Part-II of IPC.
(B) Dying Declaration - A dying declaration is a substantive piece of evidence provided it is voluntary and truthful. Where there is suspicion or contradictions, it may not be the sole basis for conviction without corroboration. (Paras 61-64)
(C) Proof vs Suspicion - In a criminal trial, grave suspicion cannot replace legal proof. The distance between "may be true" and "must be true" must be covered by cogent evidence. (Para 7)
Facts of the case:
The appellant was convicted under Section 302 of the IPC for setting his wife on fire following a quarrel and due to his alcohol addiction. The deceased had provided dying declarations to a Magistrate and a Police officer. The deceased died 40 days after the incident. All other witnesses turned hostile during the trial.
Findings of Court:
While the act of causing burns was established through the dying declarations, the court noted contradictions in the statements and the significant timeframe between the incident and death, observing that the death was not a direct consequence of the burns alone.
Issues: Whether the dying declarations were reliable and whether the offense amounted to murder or culpable homicide.
Ratio Decidendi: The court held that while dying declarations are relevant regardless of the immediate expectation of death, their reliability is crucial. Given the contradictions and the time gap, the conviction was modified from murder to culpable homicide not amounting to murder.
Result: Criminal Appeal partly allowed; conviction converted from Section 302 to Section 304 Part-II of IPC.
Legal Category Hierarchy
- crime and sentencing
- practice and procedure
Advocates:
For the Appellants/Petitioners: learned counsel for the appellant
For the Respondents: M.Vivekananda Reddy
For the Appellants/Petitioners: learned counsel for the appellant
For the Respondents: M.Vivekananda Reddy
Table of Contents
2. Appellant argued contradictions in dying declarations render them unreliable. State argued declarations consistent on core incident. (Para 7 , 8 )
3. Court found dying declarations consistent on quarrel and pouring kerosene; death after 40 days not direct consequence of burns. (Para 9 , 10 , 11 , 12 , 13 )
4. Death occurring long after incident, not directly caused by burns, reduces culpability from murder to culpable homicide not amounting to murder. (Para 11 , 12 , 13 )
5. Appeal partly allowed — conviction under Section 302 IPC converted to Section 304 Part-II IPC; sentenced to seven years rigorous imprisonment. (Para 13 , 14 )
6. What is the legal effect of contradictions in multiple dying declarations?
Contradictions in dying declarations do not automatically make them inadmissible; the court must assess reliability and truthfulness in each case. (Para 7 , 8 , 9 , 10 )
7. When does a death long after the incident affect culpability for murder?
If death is not a direct consequence of the injury but due to intervening causes like infection, culpability may be reduced to culpable homicide not amounting to murder. (Para 11 , 12 , 13 )
This Criminal Appeal is filed by the appellant/accused aggrieved by the judgment dated 05.02.2019 in S.C. No.351 of 2016, on the file of the I Additional Sessions Judge, Warangal, for the offence punishable under Section 302 of IPC.
2. Heard learned counsel for the appellant and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for respondent – State. Perused the record.
3. Smt.Veeraganti Sharada (hereinafter referred to as 'the deceased') was taken to the MGM Hospital, Warangal, with 45% burn injuries. Initially, PW.9 attended to the victim. He gave requisition for recording the dying declaration. The Jurisdictional Magistrate/PW.16, on the basis of the requisition given, went to MGM Hospital around 4.20 P.M, and recorded the dying declaration of the deceased. In the narration given to the Magistrate, the deceased stated that she was married 16 years prior to the incident. The appellant is addicted to gudumba (country liquor). For the past 6 months, they had incurred debts of Rs.2,00,000/- for the construction of their house. On the said day, there was a quarrel between the deceased and the appellant. While the deceased was leaving the home, the appellant poured kerosene on her and set her on fire. The son of the deceased admitted her into the hospital.
4. Thereafter, the Sub-Inspector of Police/PW.18, Mills Colony Police Station, went to the hospital and recorded the statement of the deceased. In the statement made to PW.18, the deceased stated that she was married to the appellant and they have two sons. The appellant was addicted to alcohol and used to beat her and abuse her in filthy language. She complained to her family members, who, in turn, warned the appellant. However, there was no change in the attitude of the appellant. The appellant used to incur debts for consuming alcohol, and all these debts were cleared by the deceased. Further, the deceased narrated that the appellant informed her that she could stay with anyone; however, she had to take care of his needs. On the day of the incident, while the deceased was eating food, the appellant came to the house in a drunken condition, threw the food outside, abused her, poured kerosene on her, and set her on fire. The deceased went outside and poured water on herself. In the meanwhile, PW.4/brother-in-law of the deceased called for the ambulance. The younger son shifted the deceased to the hospital. She further narrated that she received burns on her stomach, chest, back, and left arm.
5. Though statements were made to the Magistrate and also the Sub-Inspector of Police/PW.18, however, a Telugu written complaint was filed by the mother of the deceased, who was examined as PW.1, and the same was handed over to the police on 14.03.2015. The said complaint was registered for the offences under Sections 498A and 307 of IPC. Thereafter, while undergoing the treatment, the deceased died on 05.05.2015, i.e., 40 days after the incident. The section of law was altered to Section 302 of IPC. Having completed the investigation, the charge sheet was filed.
6. The learned Sessions Judge found favor with the dying declarations that were recorded by the Magistrate and the Police and convicted the appellant, though all the witnesses turned hostile to the prosecution case and did not speak about any harassment meted out by the appellant.
7. Learned counsel appearing for the appellant would submit that once the statements made to the Police and the Magistrate, which are Exs.P.19 and P.23, are looked into, there are any amount of variations, and the only logical conclusion is that the deceased has falsely framed the appellant. In fact, such contradictory versions cannot be taken into consideration. Learned counsel further argued that though the Court considers that the truth lies on the dying man's lips, however, the contradictions in both the dying declarations would go to show that she did not speak the truth. Learned counsel relied on the judgment of
