RAMILABEN HASMUKHBHAI KHRISTI AND ANR. ETC. versus STATE OF GUJARAT

Citation: [2002] SUPP. 1 S.C.R. 530 · Decided: 14-08-2002 · Supreme Court of India · Bench: R.C. LAHOTI · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
RAMILABEN HASMUKHBHAI KHRISTI AND ANR. ETC. 
v. 
ST A TE OF GUJARAT 
AUGUST 14, 2002 
B 
[R.C. LAHOTI AND BRIJESH KUMAR, JJ.] 
Evidence Act, 1872: 
Dying declaration-Whether dying declaration could form sole basis 
C of conviction-Held, yes, if it is free from any doubt and recorded in the 
manner as per provisions of law-However, it is not a correct to record 
conviction solely on the basis of dying declaration in the absence of fitness 
certificate as regards mental condition of the deceased and there are 
deviations indifferent declarations made and consistency is conspicuously 
D missing-Penal Code, 186~ections 302 and 120-B-Murder--Conviction. 
Dying declaration-Held, could be acted upon without corroboration 
·if Court is convinced about its trustworthiness and if it inspires confidence. 
According to the prosecution, the victim/deceased was cordoned by 
E accused No. 2 and ten other accused persons. Accused No.2 allegedly sprinkled 
kerosene oil on deceased and one of the remaining accused set him on fire. 
He received severe burn injuries and was taken to.Police Station by CWl, 
PW4 and others. PSI advised them to takethe victim to hospitaland to record 
complaint thereafter. Later on he was shifted to another hospital where he 
succumbed to his burn injuries. During his stay and treatment in the 
F hospitals, four dying declarations were recorded at different stages by the 
P.S.I., Medical Officer and two Executive Magistrates. PW2, a Medieal Officer, 
recorded a history of Medico legal case and sent a telephonic information to 
the Police Station. PSI, PWl recorded the statement of injured/victim and 
took his thumb impression since victim was unable to put his signature due 
to injuries; subsequently, Executive Magistrate, Kheda town recorded the 
G statement of the injured/victim. As per medical advise, victim was shifted to 
another hospital where also Executive Magistrate, Ahmedabad recorded 
incomplete statement of the victim as his condition became deteriorated and 
he died. 
H 
In the meanwhile, PSI acting upon information received from the 
530 
RAMILABEN HASMUKHBHAi KHRISTI v. STATE 
531 
hospital, investigated the matter and concluded it as a case of accidental death. A 
Father of the deceased, not satisfied with the investigation at the instance of 
Divisional Police Superintendent, got the matter re-investigated. Trial Court 
convicted six of the accused under Section 302 read with Section 120-B IPC 
but acquitted four accused anc! one of the accused died during trial. High Court 
upheld the conviction of the six accused persons. Hence these appeals. 
As for motive, it was stated that the deceased and accused No. 2 were 
deeply attached to each other, both of them eloped and stayed away together 
for some time; that the father of the accused lodged a complaint against the 
deceased; and police apprehended them and handed back accused No.2 to her 
parents. 
B 
c 
It was contended for the appellants that it would be improbable that 
accused, who was in deep love and affection with victim/deceased, would have 
sprinkled kerosene oil on her lover to kill him; that such improbability is 
re-affirmed by the acquittal of the said accused by the Courts below; that it 
was a case of suicidal death as marriage of accused-lover was settled D 
somewhere else and the deceas.ed had suicidal tendency and earlier also he 
had attempted to commit suicide; and since none of the four dying declarations 
conform to the requirement of acceptable dying declaration, the conviction 
solely based on those dying declarations, is not justified. 
Allowing these appeals, the Court 
E 
HELD: 1.1. The victim/deceased was brought to civil hospital on the 
fateful day at about 10.00 a.m. and all the four dying declarations were 
recorded between 10.00 a.m. to 3.00 p.m. The first one was recorded by PW2, 
Medical Officer in the hospital, who noted that the injured was passing on a 
public road, when accused persons living in the lane, rounded him and F 
sprinkled kerosene on his body and set him ablaze. Thereafter the last line 
reads as "Patient conscious. Police station informed for DID." Thus, the 
doctor had already taken steps for recording the dying declaration yet preferred 
to record the statement without waiting for the police to arrive or the 
Magistrate to come for recording the dying declaration. The certificate about G 
the condition of the patient only says that he was conscious; There is nothing 
about his ment

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