SHAMA versus STATE OF HARYANA

Citation: [2016] 11 S.C.R. 857 · Decided: 14-12-2016 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Dismissed

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Judgment (excerpt)

[2016] 11 S.C.R. 857 
SH AMA 
v. 
STATE OF HARYANA 
(Criminal Appeal No. 2311 of2009) 
DECEMBER 14, 2016 
[A. K. SIKRI AND ABHAY MANOHAR SAPRE, JJ.) 
Penal Code, 1860 -
ss.302134 -
Murder -
Dying 
declaration - Eye-witness - Victim was going 011 his bicycle to attend 
his duty - Three accused came 011 scooter - One accused fired a 
gun shot - Victim got hit in abdomen - Taken to hospital - Inspector 
(PW-11) recorded the statement of the victim at the hospital - Victim 
died after 10 days - Trial court convicted all three accused and 
sentenced them to life imprisonment - Conviction confirmed by High 
Court - Appellant-accused challenged .conviction pleading illegality 
in recording of dying declaration - Held: On facts, statement of 
victim-deceased was recorded only after doctor certified him to be 
in fit state of mind - Dying declaration of victim-deceased does not 
record any unnatural things or exaggerated version of incident -
Dying declaration was properly recorded and rightly relied by the 
courts below for appellants conviction - It was also corroborated 
by testimony of PW-3 who proved the motive behind the incident 
and also proved the incident in question by identifying the 
accused - Conviction accordingly affirmed - Arms Act - s.25 -
Evidence Act, 1872. 
Evidence Act, 1872 - s.32(1). - Dying declaration -
Admissibili:y - Discussed - Held: Law does not prescribe any format 
for recording dying declaration - It does not prescribe any special 
authority to record it unless any special law or rule is enacted to 
that effect - All that the lm11 requires is that the declarant should be 
in a fit state of mind and able to recollect the situation resulting in 
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the available state of affairs in relation to the incident and the Court-
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should be satisfied that reliance ought to be placed thereon - Dying 
declaration, once proved, can be relied upon, even in absence of 
corroborative evidence, but with extreme care and caution -
Maxims - "Nemo moriturus praesumitur mentire ". 
H 
857 
858 
A 
B 
c 
D 
E 
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SUPREME COURT REPORTS 
f20161 11 S.C.R. 
Dismissing the appeal, the Court 
HELD: 1. On perusal of the dying declaration, it would go 
to show that firstly, it records specifically the names of the three 
accused persons including the appellant; Secondly, it records the 
entire incident, how it happened and who fired the gun shot on 
the injured; Thirdly, it bears the thumb impression of the injured; 
Fourthly, it is signed by the person who recorded it in his 
handwriting [Inspector (PW-11)]. [Para 26] [865-D-E] 
2. Having taken note of the totality of the circumstances . 
surrounding the incident in question which found acceptance by 
the Courts below for convicting the appellant along with two co-
accused, there is no good ground to reject the dying declaration 
of the deceased. It was rightly made the basis for resting the 
appellant's conviction. Firstly, it was recorded immediately after 
the incident Gust within two hours of the incident); Secondly, the 
Inspector (PW-11) recorded the dying declaration in the hospital 
after getting the injured medically examined by the Doctor (PW-
1) who certified that the injured was in a fit condition to give a 
statement; Thirdly, the dying declaration does not record any 
unnatural things or/and exaggerated version of the incident; 
Fourthly, it is signed (thumb impression) by the deceased and 
the Inspector, who recorded it in his handwriting and lastly, it is 
attested by the Inspector (PW-11). [Paras 27, 28] [865-E-F, G-H; 
866-B] 
3. There is no evidence to accept the submission that it 
was the police who falsely implicated the names of the accused in 
the dying declaration which led to the registration of FIR against 
them resulting in their conviction. The appellant failed to cite 
any incident of significance to prove that the police authorities 
knew the accused persons prior to the date of incident or/and 
that the accused or police authorities had some kind of grudge/ 
animosity due to some prior incident etc. and due to which the 
police falsely implicated the accused persons in this case. [Paras 
29, 30] [866-B-D] 
4. Dying declaration made by the deceased is admissible 
in evidence under Section 32(1) of the Evidence Act, 1872. In 
the absence of any kind of infirmity or/and suspicious 
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circumstances surrounding its execution, once it is proved in 
... 
SHAMA v. STATE OF HARYANA 
859 
evidence in accordance with law, it can be

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