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Head Note

Indian Penal Code,1860  - Section 302 , Section 34

Murder - Dying Declaration - Order of acquittal by the trial Court reversed by the High Court - Oral reporting made by deceased Sushila which was reduced to writing, namely, Ext.41 is quite consistent with her reporting of the previous day, namely, Ext.30 and the subsequent dying declaration Ext.34 recorded by the Special Executive Magistrate naming the appellants - PW-1 in his testimony deposed to the incident of the previous day as well as the events on the fateful day - PW-7 Dr. at the beginning of recording Ext.34 had certified "patient conscious and in a position to give dying declaration" and at the end of said Ext.34 had also certified "DD recorded in my presence. Patient conscious during DD" - While in the box, the doctor categorically stated that he was present when the dying declaration was recorded and that Sushila was conscious and fit to make a statement - The dying declaration Ext.34 thus inspires complete confidence and do not see any reason to doubt the veracity thereof - Additionally the threat that Sushila would be set on fire was given the previous day, as per Ext.30, recorded on the previous day -Do not find any infirmity in the assessment made by the High Court.

Topic(s)-Dying Declaration - Conviction