J. RAMULU versus STATE OF ANDHRA PRADESH

Citation: [2008] 3 S.C.R. 413 · Decided: 26-02-2008 · Supreme Court of India · Bench: P.P. NAOLEKAR · Disposal: Appeal(s) allowed

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

Judgment (excerpt)

[2008) 3 S.C.R. 413 
' 
J. RAMULU 
A 
v. 
STATE OF ANDHRA PRADESH 
(Criminal Appeal No. 758 of 2006) 
FEBRUARY 26, 2008 
8 
(P.P. NAOLEKAR & LOKESHWAR SINGH PANTA, JJ.) 
. 
,._ 
Penal Code, 1860; S.302 rlw S.34/Evidence Act, 1872; 
S.32: 
Murder - Accused persons A 1 and A2 allegedly thrown c 
acid on face, neck and chest of deceased resulting in his death 
- Conviction based on dying declaration allegedly tutored by 
relatives - Correctness of - Held: Prosecution witnesses did 
not depose in their statement that they witnessed the incident 
nor the deceased in his dying declaration disclosed names of D 
l 
._.. 
the accused - Son of the deceased deposed that his father 
had disclosed names of accused persons in his dying 
declaration to Magistrate after having tutored by relatives - In 
cross-examination, he categorically stated that he did not know 
the persons who poured acid on the face of his father - Oral E 
evidence of eyewitness also did not support the prosecution 
version -
Prosecution witnesses, being relatives of tfle 
deceased, are the truthful witnesses whose testimony cannot 
be doubted - Moreover, neither the Magistrate nor the medical 
T 
officer made any endorsement on the proceedings of dying 
F 
declaration that the declarant was in physically and mentally 
fit state of mind to make the statement - Hence,. dying 
declaration in question not free from doubt and embellishment 
- Investigating officer also recorded the declaration of the 
deceased on small chits of paper when he was admitted in the G 
hospital but these chits were not placed on record - Names of 
accused A 1 and A2 were not disclosed by the deceased even 
• • 
before I. 0. -
Suppression and withholding of first dying 
declaration recorded by I. 0. by itself creates suspicion and 
413 
H 
414 
SUPREME COURT REPORTS 
[2008] 3 S.C.R. 
A reasonable doubt as to the correctness and truthfulness of the 
dying declaration - Medical report also reveals that a number 
of questions raised have not been satisfactorily answered, 
which precluded implicit acceptance of the dying declaration 
- Conviction cannot be vested solely on the basis of a doubtful 
s dying declaration - Under the circumstances, Courts below 
were wrong in convicting accused A 1 and A2 for committing 
the offence of murder on the basis of weak and slender 
evidence - A 1 and A2 are entitled to benefit of doubt, hence, 
acquitted of the charges leveled against them - Directions 
C issued - Code of Criminal Procedure, 1973 - s. 164 -
Testimony of relative witnesses - Reliance upon. 
Accused persons, viz., A-1, A-2 and the deceased 
were partners in a Rice Mill. Having developed some 
disputes amongst the partners, the deceased filed a Civil 
D Suit against them for dissolution of the partnership. He 
had also filed a criminal complaint against them. On the 
fateful day, when the deceased was on his way. to home 
and A1 and A2 were coming from the rice mill road side 
on a Scooter, A1 allegedly sprinkled acid on the face of 
E the deceased, who shouted for help. On hearing the same, 
his wife, son and daughter immediately came to his rescue 
and took him to a Hospital for medical treatment. PW-1 
lodged a complaint in the Police Station. On the basis of 
the complaint, FIR was registered under Section 307 read 
F with Section 34 of IPC. The Police started investigation of 
the case. 1.0. went to the Hospital and recorded the 
statements of PWs-1, 2, 3 and 4. On the next day, the 
Investigating Officer recovered burnt leaves of small 
plants and acid-mixed earth and control earth from the 
G place of occurrence and also went to the Hospital, where 
the deceased in the injured condition gave his statement 
by gestures and writing on small chits. The statement of 
the deceased was recorded after obtaining permission 
from the Medical Officer. On the same day, the 
Investigating Officer apprehended A-1 and A-2 and 
H 
I 
J. RAMULU v. STATE OF ANDHRA PRADESH 
415 
.. 
, 
recorded the disclosure statement of A-1, and on the basis A 
of the said statement, seized the scooter allegedly used 
by accused in the commission of the crime and one green 
colour mug was taken into possession. Later, the 
Metropolitan Magistrate also went to the Hospital and 
recorded statement made by the deceased by gestures 8 
and signs as the injured was unable to see and talk due 
~ ., 
to the injuries. On receipt of the information about death 
of the deceased, the Police converted the offence in the 
FIR

Excerpt shown. Read the full judgment & AI analysis in Lexace.