Inconsistent dying declarations by severely burnt declarant under sedative influence cannot sustain a murder conviction without corroboration.

In brief

The question

1. Whether the two dying declarations recorded at Exhibits 61 and 47 were consistent, voluntary, and reliable enough to form the sole basis of conviction

The court held

The High Court allowed the appeal and set aside the conviction and life sentence

It also directed

The Court held that the dying declarations lacked the "absolute' credibility" required to sustain a conviction without corroboration

Directing the immediate release of the Appellant, the Court concluded that the prosecution failed to prove the case beyond reasonable doubt due to the infirmities in the evidence and the possibility of tutoring

01Facts

The Appellant (Accused No. 1) was convicted under Section 302 IPC for the murder of his wife, Komal, and sentenced to life imprisonment by the Additional Sessions Judge, Biloli

pp. 1-2

The prosecution alleged that on July 19, 2019, the Appellant poured kerosene on the deceased and set her on fire following a domestic quarrel

p. 2

The deceased purportedly made two dying declarations (Exhibits 61 and 47) before a Naib Tahsildar (PW-4) and a Police Head Constable (PW-2) before succumbing to 96% burn injuries on July 23, 2019

p. 3, 13

The trial court acquitted the co-accused (parents-in-law) but convicted the husband based solely on the dying declarations

p. 3

The Appellant challenged the conviction, citing inconsistencies and the deceased's lack of mental fitness

p. 4

02Issues

i.1. Whether the two dying declarations recorded at Exhibits 61 and 47 were consistent, voluntary, and reliable enough to form the sole basis of conviction

p. 3, 17

ii.2. Whether the deceased was in a fit mental and physical state to give a coherent statement given her 96% burn injuries and administration of sedatives/painkillers

p. 4, 20

03Law Applied

Section 302 of the IPC regarding murder

p. 1

Principles governing dying declarations established in Paniben v. State of Gujarat, which mandates that while a conviction can be based on a dying declaration without corroboration, the court must ensure the statement is not the result of tutoring and that the deceased was in a fit state

¶ 16

Uttam v. State of Maharashtra regarding the scrutiny of multiple contradictory dying declarations

¶ 17, 23

Sampat Babso Kale v. State of Maharashtra regarding the impact of sedatives and extensive burns on the reliability of such statements

¶ 25

Provisions in the judgment · 5 · Linked ones open on LawLens

Indian Penal Code, 1860 Section 302 Section 307 Section 504 Section 34

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 481

04Reasoning

The High Court found the dying declarations to be riddled with material inconsistencies and procedural lapses.

First, the motive varied: Exhibit 61 cited a phone call from a sister-in-law, while Exhibit 47 attributed the trigger to the deceased waking up late

¶ 18

Second, the mental fitness of the deceased was doubtful; PW-2 admitted she was "whining" and "blinking," and medical records (Exhibit 59) showed she was administered Tramadol (a sedative/painkiller) and described as "uncooperative"

¶ 12, 18, 19

Third, procedural defects were noted: the statements were not in question-answer form, the scribe was not examined, and the doctor was allegedly standing outside during recording

¶ 10, 18

Fourth, the testimony of the deceased’s mother (PW-5) and an independent witness (PW-1) contradicted the prosecution; PW-5 claimed the fire was accidental while cooking, and PW-1 stated the deceased was not in a position to speak

¶ 13, 14, 20

The Court held that 96% burns combined with sedation made a lengthy, coherent declaration highly improbable

¶ 19