RAM BIHARI YADAV versus STATE OF BIHAR AND ORS.

Citation: [1998] 2 S.C.R. 1097 · Decided: 21-04-1998 · Supreme Court of India · Bench: M.K. MUKHERJEE · Disposal: Dismissed

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

Judgment (excerpt)

RAM BIHARI VADA V 
A 
\'. 
STA TE OF BIHAR AND ORS. 
APRIL 21, 1998 
[M.K. MUKHERJEE AND S.S. MOHAMMED QUADRI, JJ.] 
B 
Indian Penal Code, 1860 : 
S. 302-Death of victim due to burn injuries-Statement of Victim that 
her husband set her ablaze recorded by Judicial Magistrate II Class in the C 
hospiral-Trial Court convicting the accused and sentencing him to suffer 
life imprisonment-High Court upholding the conviction and sentence-
Held, both the courts below rightly based tlie conviction on the dying 
declaration recorded by the Magistrate-Medical evidence and other 
circumstantial evidence corroborated· the dying declaration, which is true D 
and acceptable. 
Evidence Act, 1872 : 
S. 32- Dying declaration-Held is a substantive evidence and requires 
no corroboration for forming basis of conviction of an accused-Dying E 
declaration-Recording of-Requirements to be satisfied-Held, in absence 
of a doctor, if there is other evidence to show that the recorder of the 
statement has satisfied himself about the mental condition of the maker of the 
statement, of mind, memory and understanding what he is saying, such a 
dying declaration can be accepted-If dying declaration is not elaborate but 
consists of only a few sentences and is in actual words of the maker it should F 
not be discarded merely on the ground that it is not in question-answer form. 
Criminal law 
Trial-Accused a police official-Acts and omissions on the part of G 
investigating officers during investigation-In order to bail out the accused-
Held, should not be taken in favour of accused 
The appellant-accused, who was officer-in-charge of a Police Station at 
th~ relevant time, was prosecuted for offences punishable under Ss. 302 for 
committing murder of his wife by setting her afire, and under S. 377 for H 
1097 
1098 
SUPREME COURT REPORTS 
[ 1998] 2 S.C.R. 
A committing sodomy with his servant (PW-2) aged about 16 years. 
The prosecution case that the accused was indulging in carnal 
intercourse with PW-::: and this led to strained relations between him and 
his wife. On the day of occurrence the accused threw kerosene on her wife 
and set her to fire. Thereafter the accused went to the house of PW-8 and 
B informed him that his wife had suffered burn injuries and both proceeded to 
the place of occurrence. Hearing about this PW-3 PW-4 and PW-6 also 
reached the quarters of the appellant. They found the main gate of the 
quarters locked. The door was broken open. The victim was rushed to the 
Sadar Hospital. There the dying declaration (Ext. 2) of the victim was recorded 
C by PW-7 the Judicial Magistrate, II Class, wherein she stated that her 
husband had burnt her. On the following day she succumed to the injuries. 
Tile case of the accused was that his wife caught fire accidentally in the 
kitchen. He produced witnesses in his defence. His father-in-law DW-1 and 
brothers-in-law DW-2 stated that relations between the accused and the 
deceased were cordial. DW-2 further stated that he and the accused tried to 
D extinguish the fire by pouring water on the deceased. 
The trial court convicted the accused u/s 302 IPC and sentenced him 
to imprisonment for life. The conviction was upheld by the High Court. 
Aggrieved, the accused filed the present appeal. 
E 
It was contended for the appellant that there being no eye witness, both 
F 
G 
the courts below erred in convicting the appellant solely on the basis of Ext. 
2, the dying declaration recorded by the Magistrate. It was argued that the 
deceased had given two dying declarations-first being Ext 5/4 recorded by 
A.S.I and the second being Ext. 2 recorded by judicial Magistrate, II Class, 
and as these were inconsistent, Ext. 2 should not have been relied upon. It 
was also contended that Ext.2 was not in question-answer form, nor was it 
certified by any doctor as to the matter condition of the deceased; nor was 
it corroborated by any independent witness. 
Dismissing the appeal, this Court 
HELD: 1. The trial court as well as the High Court have rightly based 
the conviction of the accused on Ext. 2, the dying declaration. Having regard 
to all tht facts and circumstances both the courts below have rightly relied 
upon Ext.2 which is true and acceptable; and there is no cogent reason to 
take a different view of the matter. The appellant was responsible for 
intentionally causing burn injuries to his wife, which resulted in her death. 
H 
11107-D; 1106-D] 
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R.B. Y ADAV v. ST ATE OF

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