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Head Note

Indian Penal Code,1860  - Section 304-B , Section 34 , Section 498-A , The Indian Evidence Act, 1872  - Section 32 (1)

Dying Declaration - The incident occurred on 18.06.2024 whereas the death is on 04.08.2023 - Exhibit-PM-dying declaration was recorded on 18.06.2024 itself - At the time of recording of the statement, the condition of the patient no doubt was very stable and she was in a very good state of mind as recorded by the doctor - The burn injury was only 40-45% of the body and, according to doctor 40-45% burns is not fatal and such a patient can be saved if given proper treatment - It has also come out in evidence that the death is not caused by the burns but because of septicemia, an infection on account of improper management of the wounds - It is fairly clear that the patient on 18.06.2024 was not apprehending death, not merely because she lived for more than seven weeks after the incident but because of the nature of the burn injuries - Held - Case in which statement of relevant fact person who is dead or cannot be found, etc., is relevant - When it relates to cause of death - A bare analysis of the provision, for the purpose of the case at hand, would show that a statement by a person made before his death to be relevant, the following ingredients are to be satisfied: i) The statement is made by a person who is conscious and believes or apprehends that death is imminent ii) The statement must pertain to what the person believes to be the cause or circumstances of death iii) What is recorded must be the statement made by the person concerned, since it is an exception to the rule of hearsay evidence iv) The statement must be confidence bearing, truthful and credible v) The statement should not be one made on tutoring or prompting vi) The court may also scan the statement too see whether the same is prompted by any motive of vengeance - That Exhibit-PM- declaration does not meet the requirements of a dying declaration under Section 32(1) of the Evidence Act.

Topic(s)-Dowry Death - Dying declaration - Acquittal