2020 Supreme(SC) 11

SUPREME COURT OF INDIA
A.M. KHANWILKAR, DINESH MAHESHWARI, JJ.
Purshottam Chopra & Anr. – Appellants
Versus
State (Govt. of NCT Delhi) – Respondents
Criminal Appeal Nos. 194-195 of 2012
Decided On : 07-01-2020

IMPORTANT POINTS
(1) Law does not provide as to who could record dying declaration nor there is any prescribed format or procedure for the same.
(2) In a death case, motive remains essentially known to deceased and to offender and prosecution case cannot fail only for want of proof of motive.

Headnote:

(A) Indian Evidence Act, 1872 – Section 32(1) – Dying declaration – Dying declaration could be sole basis of conviction even without corroboration, if it inspires confidence of Court – Court should be satisfied that declarant was in a fit state of mind at the time of making statement and that it was a voluntary statement which was not result of tutoring, prompting or imagination – Where a dying declaration is suspicious or is suffering from any infirmity such as want of fit state of mind of declarant or of like nature, it should not be acted upon without corroborative evidence – When eye-witnesses affirm that deceased was not in a fit and conscious state to make statement, medical opinion cannot prevail. (Para 21)

(B) Indian Evidence Act, 1872 – Section 32(1) – Dying declaration – Law does not provide as to who could record dying declaration nor there is any prescribed format or procedure for the same but person recording dying declaration must be satisfied that maker is in a fit state of mind and is capable of making statement – Although presence of a Magistrate is not absolutely necessary for recording of a dying declaration but to ensure authenticity and credibility, it is expected that a Magistrate be requested to record such dying declaration and/or attestation be obtained from other persons present at the time of recording dying declaration – As regards a burns case, percentage and degree of burns would not, by itself, be decisive of credibility of dying declaration and decisive factor would be quality of evidence about fit and conscious state of declarant to make statement – If after careful scrutiny, Court finds statement placed as dying declaration to be voluntary and also finds it coherent and consistent, there is no legal impediment in recording conviction on its basis even without corroboration. (Para 21)

(C) Indian Penal Code, 1860 – Sections 302/34 – Murder – Common intention – Conviction and sentence – There had not been unnecessary time gap between occurrence and preparation of MLC particularly when major part of time was spent in process of transportation – Appellants have rightly been convicted on the basis of statements of victim as recorded by Doctor and Police Officer – It has also not been established on record that statements of victim were outcome of tutoring or figment of imagination – Statements appear to be voluntary and were given in a fit state of mind – In given set of circumstances, statements so made by victim could be acted upon as dying declarations – A particular statement, when being offered as dying declaration and satisfies all requirements of judicial scrutiny, cannot be discarded merely because it has not been recorded by a Magistrate or that police officer did not obtain attestation by any person present at the time of making of statement – Where two dying declarations inspire confidence, they could be relied and acted upon even without corroboration – Theory of self-immolation as also names of other persons who allegedly reached spot, having come up by way of cross-examination of a PW, burden was on accused persons to establish such theory by cogent evidence – No such attempt was made on behalf of accused-appellants to prove any such fact or to examine any such named person – In a death case, motive remains essentially known to deceased and to offender and prosecution case cannot fail only for want of proof of motive – Act of pouring kerosene over a person and then putting him on fire by lighting a match has all ingredients of doing an act with intention of causing death of a person in a gruesome manner – Conviction of appellants for offence of murder appears justified and no reason to convert the same into any offence of lesser degree – Appeals dismissed. (Paras 22, 23, 23.2, 25, 25.1, 25.5, 26.2, 27.2, 27.5, 28 and 29)

Facts of the case:

By way of these appeals, the appellants have called in question judgment and order dated 23.05.2011 in Criminal Appeal No. 121 of 1999 and Criminal Appeal No. 139 of 1999 whereby, the High Court of Delhi has affirmed the judgment and order dated 30.01.1999 in Sessions Case No. 2 of 1998 by Additional Sessions Judge, Delhi and has upheld conviction of appellants for the offence punishable under Section 302 read with Section 34 of Indian Penal Code. Appellants stand convicted essentially on the basis of the dying declarations of victim. The reliability of such dying declarations has been assailed in these appeals apart from other contentions concerning the surrounding factors.

Findings of Court:

Act of pouring kerosene over a person and then putting him on fire by lighting a match has all the ingredients of doing an act with the intention of causing death of a person in a gruesome manner. The conviction of the appellants for offence of murder appears justified and we find no reason to convert the same into any offence of lesser degree.

Result : Appeals dismissed.