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2019 Supreme(SC) 517

N.V.RAMANA, MOHAN M.SHANTANAGOUDAR, S.ABDUL NAZEER
POONAM BAI – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Advocates Appeared:
For the Appellant :Mr. Abhinav Shrivastava, Advocate and Mr. Rupesh Kumar, Advocate,
For the State :Mr. Sumeer Sodhi, Advocate and Mr. Ashish Tiwari, Advocate.

Judgement Key Points

What is the evidentiary value of a dying declaration under Section 32(1) of the Indian Evidence Act?

Key Points: - Dying declaration can be the sole basis for conviction if it is trustworthy, voluntary, blemishless, and reliable, inspiring full confidence of the court (!) [1000634370009]. - Photocopy of dying declaration is not admissible in evidence; original must be produced (!) [1000634370010]. - Certification by a doctor for the declarant's fitness is a rule of prudence, not mandatory if the recorder is satisfied and no suspicious circumstances exist (!) [1000634370009]. - Trial court acquitted appellant due to unreliable dying declaration; High Court reversed without addressing trial court's reasons on authenticity (!) [1000634370012]. - Oral dying declaration evidence was shaky and an afterthought, not mentioned in Section 161 statements (!) [1000634370013]. - No other material or proved motive against appellant; prosecution failed to prove case beyond reasonable doubt (!) [1000634370014]. - Supreme Court set aside High Court conviction, restored trial court acquittal, and directed appellant's release (!) [1000634370015][1000634370016]. - Naib Tehsildar did not verify victim's fitness; no doctor certification; Investigating Officer contradicted timeline and presence (!) (!) [1000634370011].

What is the evidentiary value of a dying declaration under Section 32(1) of the Indian Evidence Act?


JUDGMENT

Mohan M. Shantanagoudar, J.

This appeal calls into question the judgment dated 06.04.2018 passed by the High Court of Chhattisgarh at Bilaspur in ACQA No. 205 of 2010, by which the judgment of the trial court was set aside and the appellant was convicted under Section 302 of the Indian Penal Code (in short, "the IPC") for committing the murder of the deceased Vimla Bai and sentenced to undergo rigorous imprisonment for life and to a fine of Rs. 500/-.

2. The case of the prosecution in brief is as follows:

The deceased Vimla Bai was the wife of Pilaram Sahu (P.W. 3). The appellant Poonam Bai is the daughter of Balaram, P.W. 3's brother, and thus the niece of the deceased. On the date of the incident, i.e. 01.11.2001, around noon, the appellant Poonam Bai came to the house of the deceased when she was alone, quarreled with her, poured kerosene on her body and lit a fire with a match-stick. Vimla Bai sustained burn injuries and succumbed thereto in the hospital. The matter was reported to Police Station Gurur on the same day by Lalita Sahu (P.W. 2, the daughter of the deceased) at about 12.05 p.m.

3. The trial court, on evaluation of the material on record, acquitted the appellant
















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