KISHAN LAL versus STATE OF RAJASTHAN

Citation: [1999] SUPP. 1 S.C.R. 517 · Decided: 17-08-1999 · Supreme Court of India · Bench: K.T. THOMAS · Disposal: Appeal(s) allowed

Judgment (excerpt)

; 
KISHAN LAL 
A, 
v. 
ST A TE OF RAJASTHAN 
AUGUST 17, 1999 
[K.T. THOMAS AND A.P. MISRA, JJ.] 
B 
Criminal Trial: 
Dying declaration-Oral dying declaration made before close relatives 
of the deceased and one before a Magistrate-Discrepancies in -Conviction, C 
if sustainable-Police filing final report after investigation that no sustainable 
evidence against the accused persons-Complaint filed by father o/the 
deceased on the basis of oral dying declaration made before father, 
grandmother and uncle and a dying declaration recorded by the Magistrate 
after five days of the alleged oral dying declaration-In the dying declaration D 
made before the Magistrate, deceased did not name any accused even on a 
specific question asked by Magistrate-The dying declaration was after two 
months of the alleged evidence-Held, the two dying declarations did not 
bring home the guilt of the accused-Criminal Procedure Code, 1973, Section 
173-Penal Code, 1860, Section 302. 
Dying declaration-Principle of evaluation-Distinction between the 
English and Indian Law-Discussed 
E 
Confession-Extra-judicialconfessions-Made before Panchayat on two 
occasions-Confession was of general nature and vague-Reliability of-
Held, before a confes.sion is relied on it must be clear and unequivocal, F 
whether it is in a judicial or in an extra judicial confession. 
While the deceased was sleeping on the intervening night between 11th 
and 12th September she was burnt by sprinkling kerosene oil on her chest. 
The mother of the appellant-accused was also sleeping in the same room. At 
about 2.00 a.m. the deceased was shifted to hospital and the doctor called the G 
police. At 4.30 a.m. police recorded the statement of the deceased, but it was 
not brought on record by the prosecution. On 17th September, deceased gave 
birth to a macerated child and on 28th October, skin grafting was done on 
her. The post-mortem report recorded all her organs to be healthy, and that 
there were only superficial burns, which had been cured. It did not record H 
517 
518 
SUPREME COURT REP.ORTS (1999] SUPP. I S.C.R. 
A any deep burn. The cause of death according to it was syncope, which was 
attributable with heart. 
It was alleged that deceased gave an oral dying declaration to her 
father, grandmother and uncle that she was burnt by the appellant, his 
mother, father and brother. On 1 lth November a complaint was made by the 
B father of the deceased that his daughter was burnt and on the said complaint 
the Magistrate recorded a dying declaration in which the deceased did not 
name any accused including the appellant even to specific question asked by 
the Magistrate. The police after investigation filed a final report that no 
sustainable evidence was found against the appellant and his family members. 
C Hence a complaint was filed by the father _of deceased in which he referred 
to one dying declaration made to him, his wife, grand-mother and other 
relatives apart from the one dated 11th November' before a Magistrate. The 
Magistrate took cognizance of the offence against the appellant and his 
mother under Section 302/34 IPC. The complainant during the trial relied 
strongly on the oral dying declaration of 6th November and the other dying 
D declaration of 11th November before a Magistrate and extra judicial 
confessions made by the appellant before Panchayat on two different occasions. 
On a question during the cross-examination that though the deceased was 
admitted in the hospital on 12th September why it was only on 6th November 
for the first time oral dying declaration is alleged to have been made by her 
. E to her father, the answer given was that deceased remained unconscious 
during this period. But the hospital bed head ticket EXT. D-11 revealed that 
she was not unconscious for all this period rather she was conscious from 
time to time and had regained consciousness. On these facts, the Trial Court 
acquitted the accused. But High Court, on appeal, set aside the acquittal and 
convicted the appellant for offence committed under Section 302. Hence this 
F appeal 
Allowing the appeal, the Court 
HELD: 1.1 The dying declaration recorded by the Magistrate does not 
G in any way help the prosecution. When admittedly at this point of time the 
deceased was fully conscious, still she could not name any of the accused. 
Sht: states, she could not recognise any one because of fire darkness coming 
in her eyes. This dying declaration could in no way be sai

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