MEESALA RAMAKRISHAN versus STATE OF ANDHRA PRADESH

Citation: [1994] 3 S.C.R. 497 · Decided: 13-04-1994 · Supreme Court of India · Bench: R.M. SAHAI · Disposal: Dismissed

Judgment (excerpt)

y 
I 
MEESALA RAMAKRISHAN 
A 
v. 
STATE OF ANDHRA PRADESH 
APRIL 13, 1994 
B 
(R.M. SAHA! AND B.L. HANSARIA, JJ.] 
Evidence Act, 1872 : 
c 
Section 32--Dying declaration-Recorded by Magistrate on rhe basis of 
nods and gestures-:-Evidentiary value of-Nods given by the deceased were 
effective and meaningful and clearly suggesting that the accused set her on D 
fire-Held such a dying declaration was not only admissible but also 
processed evidentiary value. 
Secrions 3 and 119 : 
Evidence-lncludes oral evidence-Evidence by sign is oral evidence 
and is admissible-Development of 'Sign language' discussed. 
Indian Penal Code, 1860 : 
Section 302-Murder-Accused setting wife on fire-Dying declaration 
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by wife made by nods and gestures-Dying declarerion meant that accused 
killed her-No suspicious circumstance to disbelieve dying declaratiort-Cor- G 
roborating materials ro implicate accused-<:onviction held valid. 
The appellant was prosecuted for the murder of his wife by setting 
her on lire. The principle evidence against him was the dying declaration H 
made by wife. As the deceased was not in a position to speak at the relevant 
time her dying declaration was recorded by a Magistrate on the basis of 
nods and gestures made by her. However, the answers given by the 
deceased in nods and gestures in response to the questions put by the 
Magistrate left no doubt that she meant the appellant-accused was the 
person who set her on lire. Apart from the dying declaration there was 
material on record to lend credence to the prosecution case that it was the 
appellant who murdered his wife; one of the material witnesses deposed 
that the appellant had done nothing to put down the flames on his wife. 
497 
498 
SUPREME COURT REPORTS 
[1994] 3 S.C.R. 
A 
The motive for the crime was strained relationship between the couple. 
The Trial Court convicted the appellant and sentenced him to im-
prisonment for life. On ap1ieal to the High Court the majority - two Judges 
- took the view that the deceased wanted to say that it was the appellant 
B 
who had set her on fire and consequently dismissed the appeal. On the 
other hand, the minority gave benefit of doubt to the accused and ordered 
his acquittal. The accused preferred appeal to bis Court. 
Dismissing the appeal, this Court 
c 
HELD: 1. A dying declaration recorded on the basis of nods and 
gestures is not only admissible but possessed evidentiary value, the extent 
of which shall depend upon who recorded the statement, what is bis 
educational attainment, what gestures and nods were made, what were the 
qnestions asked - whether they were simple or complicated - and how 
D 
effective or understandable the nods and gestures were. [506-H, 507-A] 
2. In the present case the questions being simple and short, the 
recorder being Magistrate, the certifier of mental co11s:ious state of the 
deceased being a doctor, nods being effective and meaningful, fnll reliance 
could have been placed on the statement of the deceased to find the 
E appellant guilty. Therefore, there is no hesitation in end.orsing the view 
taken by majority in the High Court that the deceased meant her husband 
as the person who had burnt her. There is no suspicious circumstance also 
to disbelieve the dying declaration. This apart, there are corroborating 
materials to implicate the appellant. Accordingly, the majority judgment 
of the High Court is confirmed. [501-B, 504-H, 507-C] 
F 
Khushan Rao v. State of Bombay, A1R (1958) SC 22; Khusha v. State 
of Orissa, AIR (1980) SC 559; A.P. Chandrasekera v. The King,, AIR (1937) 
Privy Council 24; Darpan v. Emperor, AIR (1938) Pat. 153 and Gajendra v. 
State of Orissa, [1973] Cr. LJ. 1058, referred to. 
G 
3. The "sign language" has developed so much by now that it speaks 
quite well. [506-A] 
Encyclopedia Britannica Vol. 7 1968 Edn. pages 120-123 Vol. 10, 796 
& Encyclopedia Americana Vol. 8 1983 pages 558 to 560 and Vol. 24 page 
H 800, referred to. 
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RAMAKRISHAN v. STATE OF AP. [HANSARIA,J.] 
499 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal.No. A 
171 of 1987. 
From the Judgment and Order dated 26.9.86 of the Andhra Pradesh 
High Court in Crl. A. No. 286 of 1985. 
P.K. Rao, A. Naga Bhushanam, R. Santhan Krishnan and K.R. 
Nagaraja for the Appellant. 
K. Mahava Reddy and G. Prabhakar for the Respondents. 
The Judgment of the Court was delivered by 
HANSARIA, J. This appeal on certificate would require our decision, 
inter

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