Legal provisions involved: Section 32(1) of the Indian Evidence Act, 1872; Section 302 of the Indian Penal Code, 1860; Section 207, 313 of the Code of Criminal Procedure, 1973

Judgement by: Supreme Court of India

Judge/Bench: Justice B.V. Nagarathna and Justice R. Mahadevan

Facts

The accused was charged with murdering his wife by pouring kerosene on her and setting her on fire after a domestic dispute. The victim suffered serious burn injuries and later died. While undergoing treatment, her statement was recorded in the hospital by an Executive Magistrate after the doctor confirmed she was fit to speak. 

This statement was treated as her dying declaration. The Trial Court convicted the accused, but the High Court later set aside the conviction by doubting the dying declaration.

Key legal provisions

Section 32(1) of the Indian Evidence Act, 1872

Section 302 of the Indian Penal Code, 1860

Section 207 of the Code of Criminal Procedure, 1973

Section 313 of the Code of Criminal Procedure, 1973

Issues raised

Whether a dying declaration can be rejected only because of technical or procedural doubts, and whether it can alone support a conviction?

Arguments of the case

The State argued that the dying declaration was voluntary, truthful, and properly recorded. The accused relied on minor inconsistencies and technical points to challenge its validity.

Judgement

The Supreme Court held that a dying declaration does not have to follow any fixed format. If the court finds it genuine and reliable, it can be the sole basis for conviction. The court restored the conviction and life sentence passed by the Trial Court.

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