IRFAN @ NAKA versus THE STATE OF UTTAR PRADESH

Citation: [2023] 11 S.C.R. 789 · Decided: 23-08-2023 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 5 · see the full citation network in Lexace

Judgment (excerpt)

CASE DETAILS
IRFAN @ NAKA
v.
THE STATE OF UTTAR PRADESH
(Criminal Appeal Nos. 825-826 of 2022)
AUGUST 23, 2023
[B.R. GAVAI, J.B. PARDIWALA AND 
PRASHANT KUMAR MISHRA, JJ.]
HEADNOTES
Issue for consideration: Whether the prosecution could be said to 
have proved its case beyond reasonable doubt against the appellant who 
was convicted for off ence punishable u/ss.302, 436 and 326-A, IPC and 
sentenced to death, for allegedly setting his son and his real brothers on 
fi re, solely on the basis of dying declarations.
Evidence – Dying declarations – Sole basis of conviction – When 
not justifi ed – Appellant had strained relationship with his son (victim-
deceased) from his first marriage and his two brothers (victims-
deceased), all of whom, as per the prosecution, were opposed to his 
second marriage – He is said to have locked the door of the room from 
outside in which the victims were sleeping, poured kerosene in the room 
and set it on fi re – Dying declarations of two of the deceased persons 
relied upon – Legality:
Held: Courts are fi rst required to satisfy themselves that the dying 
declaration in question is reliable and truthful before placing any reliance 
upon it – Dying declaration while carrying a presumption of being true must 
be wholly reliable and inspire confi dence – Where there is any suspicion 
over the veracity of the same or the evidence on record shows that the dying 
declaration is not true it will only be considered as a piece of evidence but 
cannot be the basis for conviction alone – In the instant case, neither the 
two dying declarations nor the oral evidence of PW-2 and PW-4 inspire any 
confi dence – Both these witnesses do not fi gure in the two dying declarations 
[2023] 11 S.C.R. 789 : 2023 INSC 758
789
790
SUPREME COURT REPORTS 
[2023] 11 S.C.R.
– The two dying declarations are not consistent or rather contradictory to 
the oral evidence on record – Although, the appellant was named in the two 
dying declarations as a person who set the room on fi re yet the surrounding 
circumstances render such statement very doubtful – Diffi  cult to rest the 
conviction solely based on the two dying declarations – Prosecution has not 
proved its case against the appellant beyond reasonable doubt – Appellant 
acquitted. [Paras 47, 61, 64, 67-69]
Criminal Law – Charge against accused – Duty of prosecution to 
establish beyond reasonable doubt:
Held: It is the duty of the prosecution to establish the charge against the 
accused beyond reasonable doubt – The benefi t of doubt must always go in 
favour of the accused – Dying declaration is a substantive piece of evidence 
to be relied on provided it is proved that it was voluntary and truthful and 
the victim was in a fi t state of mind – It is just not enough for the court 
to say that the dying declaration is reliable as the accused is named in the 
dying declaration as the assailant – Evidence – Dying declaration. [Para 63]
Evidence – Dying declaration – Acceptability – Theory:
Held: The juristic theory regarding the acceptability of a dying 
declaration is that such declaration is made in extremity, when the party 
is at the point of death and when every hope of this world is gone, when 
every motive to falsehood is silenced, and the man is induced by the most 
powerful consideration to speak only the truth – Notwithstanding the same, 
great caution must be exercised in considering the weight to be given to it 
on account of the existence of many circumstances which may aff ect their 
truth – The situation in which a man is on the deathbed is so solemn and 
serene, is the reason in law to accept the veracity of his statement – It is for 
this reason, the requirements of oath and cross-examination are dispensed 
with – Since, the accused has no power of cross-examination, the courts 
insist that the dying declaration should be of such a nature as to inspire full 
confi dence of the court in its truthfulness and correctness – However, the 
court should always be on guard to see that the statement of the deceased was 
not as a result of either tutoring or prompting or a product of imagination. 
[Para 43]
791
IRFAN @ NAKA v. THE STATE OF UTTAR PRADESH
Evidence – Dying declaration – Reliance upon – Factors to be 
considered – Duty of the Court:
Held: Despite a general consensus of presuming that the dying 
declaration is true, they have not been stricto-sensu accepted, rather the 
general course of action has been that judge decides whether the essentials 
of a dying

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