BHAJJU @ KARAN SINGH versus STATE OF M.P.

Citation: [2012] 5 S.C.R. 37 · Decided: 15-03-2012 · Supreme Court of India · Bench: A.K. PATNAIK · Disposal: Dismissed

Cited by 4 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2012] 5 S.C.R. 37 
BHAJJU @ KARAN SINGH 
v. 
STATE OF M.P. 
(Criminal Appeal No. 301 of 2008) 
MARCH 15, 2012 
[A.K. PATNAIK AND SWATANTER KUMAR, JJ.] 
A 
B 
Penal Code, 1860 - s.302 - Murder - Prosecution case 
that appellant poured kerosene oil on his wife, and set her 
ablaze with the help of a match stick - Appellant's wife taken C 
to the hospital where she subsequently died - Dying 
declaration recorded by Executive Magistrate-cum-Tehsildar 
- Conviction of appellant by Courts below - Challenge to -
Held: The dying declaration had been recorded by the 
competent officer of the executive, duly attested by the doctor D 
and the cross-examination of both these witnesses did not 
bring out any legal or substantial infirmity in the dying 
declaration, which could render it inadmissible or unreliable 
- The statements of the doctor, PW9 and the Investigating 
Officer, PW10 and the Exhibits including the site plan, post-
E 
mortem report etc., which are admissible pieces of substantive 
evidence, fully corroborated the dying declaration - If 
deceased had poured kerosene oil on herself, then in the 
normal course; a) there could not be bleeding wounds on her 
body, b) broken bangles could not have been recovered from 
F 
the site, in question and c) she could not have suffered 
injuries on her hands and arms - All these factors show 
struggle before death and this indication is further 
strengthened by the fact that lower part of her body had 
suffered greater bum injury, than the upper part - Conviction G 
accordingly confirmed. 
Evidence Act, 1872 - s. 32 - Dying declaration -
Appreciation of - Held: If the dying declaration has been 
recorded in accordance with Jaw, is .~e/iable and gives a cogent 
37 
H 
A 
B 
c 
D 
E 
F 
G 
H 
38 
SUPREME COURT REPORTS 
[2012] 5 S.C.R. 
and possible explanation of the occurrence of the events, 
then the dying declaration can certainly be relied upon by the 
Court and could form the sole piece of evidence resulting in 
the conviction of the accused - The first attempt of the court 
has to be, to rely upon the dying declaration, whether 
corroborated or not, unless it suffers from certain infirmities, 
is not voluntary and has been produced to overcome the 
/aches in the investigation of the case - There has to be a 
very serious doubt or infirmity in the dying declaration for the 
courts to not rely upon the same - If it falls in that class of 
cases, the dying declaration cannot form the sole basis of 
conviction. 
Evidence Act, 1872 - s. 32 - Dying declaration -
Appreciation of - Distinction between principles governing 
evaluation of a dying declaration under the English law and 
t11e Indian law - Held: Under the English law, credence and 
relevancy of a dying declaration is only when the person 
making such a statement is in hopeless condition and 
expecting an imminent death - So under the English law, for 
its admissibility, the declaration should have been made in 
the actual danger of death and when the declarant should 
have had a full apprehension that his death would ensue -
However, under the Indian law, the dying declaration is 
relevant, whether the person who makes it was or was not 
under expectation of death at the time of such declaration. 
lMtness - Hostile witness - Admissibility of evidence of 
such witness - Held: Evidence of hostile witnesses can also 
be relied upon by the prosecution to the extent to which it 
supports the prosecution version of the incident - The 
evidence of such witnesses cannot be treated as washed off 
the records, it remains admissible in trial and there is no legal 
bar to base the conviction of the accused upon such 
testimony, if corroborated by other reliable evidence - But the 
court will always have to take a very cautious decision while 
referring to the statements of such witnesses who tum hostile 
or go back from their earlier statements recorded, particularly, 
BHAJJU @ KARAN SINGH v. STATE OF M.P. 
39 
under Section 164 Cr.P.C. - What value should be attached 
A 
and how much reliance can be placed on such statement is 
a matter to be examined by the Courts with reference to the 
facts of a given case. 
The prosecution case was that appellant poured 
8 
kerosene oil on his wife when she was cleaning the 
kitchen, and set her ablaze with the help of a match stick. 
The appellant's wife was admitted in the hospital with 60 
% burn injuries where she subsequently died. Her dying 
declaration was recorded by the Executive Mag

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