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Head Note

Indian Penal Code,1860  - Section 302 , The Indian Evidence Act, 1872  - Section 32 (1) ,  (6)

Dying Declaration - Murder - Statement of pouring of kerosene on 'S', intervention of 'P' in the process and her receiving burn injuries resulting in her death are integral part of the same transaction - Thus, the statement which relates to circumstances of the transaction resulting in her death being admissible, it can be relied upon to show as to how death of 'S' took place - The said statement is also corroborated by the admission of the accused himself to the extent that the death of 'S' was by burning and the deceased 'P' received the burn injuries in the same incident - Though, the version of the accused that it was suicide, the same has been rightly found to be false - The said statement was duly recorded by the Magistrate and carries an endorsement by the doctor about her consciousness and fitness to make a statement - There is no reason for not accepting the authenticity of the version given in the said DD - DD made by 'P' was admissible as to the circumstances of the transaction which included the circumstance of pouring of kerosene and lighting of fire by the accused resulting in death of the deceased - Prosecution against the appellant is proved beyond reasonable doubt - No interference is called for with his conviction and sentence.

The Indian Evidence Act, 1872  - Section 32 (1) ,  (6)

Dying Declaration - DD is admissible not only in relation to the cause of death of the person making the statement and as to circumstances of the transaction which resulted in his death, if the circumstances of the said transaction relate to death of another person, the statement cannot be held to be inadmissible when circumstances of "his" death are integrally connected to the circumstances of death of such other person.

The Indian Evidence Act, 1872  - Section 32 (1)

Dying Declaration - Ingredients of Section 32(1) - (i) Statement should be of a person who is dead/cannot be found/has become incapable of giving evidence etc.; - (ii) It should relate to the relevant facts; and - (iii) It should relate to cause of 'his death' or circumstances of the transaction which resulted in 'his death', in cases in which the cause of that person's death comes into question.

The Indian Evidence Act, 1872  - Section 32 (1)

Dying Declaration - There is no material for the Court being satisfied that the deceased was in fit condition to make the declaration - The deceased was in the hospital at the time of her alleged statement but no effort was made by the PSI to ascertain her medical condition or to certify that he had satisfied himself about the fitness of the declarant - The DD does not bear the signature or thumb mark of the deceased - The deceased had sustained 100 per cent burns and succumbed to her injuries on 29 March, 1999 at 6.25 a.m. - The view taken by the High Court that in the peculiarity of facts, authenticity of DD could be accepted held to be not sound.

Topic(s)-Murder - Dying Declaration - Conviction

Important Decision(s)- The DD does not bear the signature or thumb mark of the deceased - The deceased had sustained 100 per cent burns and succumbed to her injuries - Authenticity of DD could be accepted held to be not sound.