PAPARAMBAKA ROSAMMA AND ORS. versus STATE OF ANDHRA PRADESH

Citation: [1999] SUPP. 2 S.C.R. 328 · Decided: 13-09-1999 · Supreme Court of India · Bench: S.P. KURDUKAR · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
B 
c 
PAPARAMBAKA ROSAMMA AND ORS. 
v. 
STATE OF ANDHRA PRADESH 
SEPTEMBER 13, 1999 
[S.P. KURDUKAR, K.T. THOMAS AND N. SANTOSH HEGDE, JJ.] 
Criminal Law: 
Evidence Act, 1872: Section 32. 
Dying declaration-Conviction based solely on-Deceased sustained 
90 per cent burn injuries-Magistrate who recorded the dying declaration 
opined that deceased was in a fit state of mind-Doctor certified that deceased · 
was conscious while recording the statement-Held: Consciousness and 
fitness of mind are two distinct stages-Doctor's certificate must show that 
D not only the deceased is conscious but also in a fit state of mind to make the 
statement-Hence, Magistrate's opinion and doctor's certificate not in 
compliance with the requirement-Apart from these serious lacunas and 
some more infirmities, it is not safe to base the conviction solely on the basis 
of dying declaration-Penal Code, 1860, Ss. 302, 3021114 and 498-A. 
E 
F 
Dying declaration-,-Conviction based solely on-Scrutiny-Held: In 
such cases court must carefully scrutinise the !dying declaration and the 
evidence of the Magistrate who recorded it and the doctor who examined the 
deceased. 
Penal Code, 1860: 
Section 498-A-Married woman-Death of-In matrimonial house-Due 
to extensive burn injuries-Allegedly inflicted by her close re/atives,the 
accused-No evidence to indicate that deceased was meted out any ill 
treatment or there was any dowry demand-Only grievance made in her 
G dying declaration was that she wanted to live separately but her husband 
was opposed to it and on that score had beaten her the previous day-It was 
also stated therein that her .grandmother disliked her-Held: These statements 
in the dying declaration not sufficient to substantiate the prosecution case 
that the accused committed offence under S.498-A 
H 
The appellants-accused were convicted by the Sessions court for offences 
328 
PAPARAMBAKA ROSAMMA v. ST A TE OF ANDHRA PRADESH 
329 
under Sections 302, 302/114 and 498-A of the Penal Code, 1860 solely on A 
the basis of the dying declaration of the deceased. The High Court confirmed 
the conviction. Hence this appeal. 
According to the prosecution, the deceased was married and was staying 
in a hut along with her husband (acquitted accused No. 4) and other close 
relatives (accused Nos. 1 to 3). On the fateful day the deceased was rushed B 
to the hospital with extensive burn injuries. In her dying declaration the 
deceased had stated:-
(a) that the accused poured kerosene on her and thereafter she also 
poured kerosene on herself; 
(b) that the accused burnt her with a lighted matchstick; 
(c) that she had not taken food for days; 
(d) that accused No;3 had tried to extinguish the fire by pouring 
water on her; 
(e) that she wanted to live separately but her husband was opposed to 
it and on this score had beaten her on the previous day and 
(I) that her grandmother disliked her. 
c 
D 
The Magistrate who recorded the dying declaration of the deceased E 
opined that she was in a fit state of mind while making the declaration. The 
doctor certified that the patient was conscious while recording the statement. 
On an earlier occasion the deceased had tried to commit suicide. 
Allowing the appeal, the Court 
HELD: 1.1. If the conviction is solely based upon the dying declaration, 
court is required to consider carefully the dying declaration, and the evidence 
of the witnesses, namely, the Magistrate who recorded it and the doctor who 
examined the deceased. [333-B) 
F 
G 
1.2. The deceased had sustained extensive burn injuries on her person 
and the doctor who performed the post-mortem stated that she had sustained 
90 per cent burn injuries. The prosecution case solely rested on the dying 
declaration. It was, therefore, necessary for the prosecution to prove the 
dying declaration as being genuine, true and free from au doubts and it was 
recorded when the injured was in a fit state of mind. (336-G) 
H 
330 
SUPREME COURT REPORTS (1999] SUPP. 2·S.C.R. 
A 
1.3. In the absence of medical certification that the injured was in a 
fit state of mind atthe time of making the declaration, it would be very much 
risky to accept the subjective satisfaction of a Magistrate who opined that 
the injured was in a fit state of mind at the time of making a declaration. 
[337-E] 
B 
2. The certificate appended to the dying declaration at the end by the 
doctor did not comply with the requirement inasmuch as she has failed to 
certify that the in
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