SMT. LAXMI versus OM PRAKASH AND ORS.

Citation: [2001] 3 S.C.R. 777 · Decided: 09-07-2001 · Supreme Court of India · Bench: R.C. LAHOTI · Disposal: Dismissed

Judgment (excerpt)

SMT. LAXMI 
A 
OM PRAKASH AND ORS. 
JULY9,2001 
[R.C. LAHOTI AND DORAISWAMY RAJU, JJ.] 
B 
Penal Code, 1860-8.302134-Death of housewife due to burn injuries--
Five:. statements said to be dying declarations implicating husband and in-
laws-No other evidence in corroboration-Trial Court acquitting the accused C 
holding that they dying declarations were not ·worthy of reliance-Held, 
justified-Evidence Act, 1872-S.32. 
Evidence Act, 1872-Section 32. 
Dying declaration-Admissibility of-Death of house wife due to burn D 
injuries-Five dying declarations implicating husband and in-laws-Victim 
not in a flt physical and mental condition to make the statements-No other 
evidence in corroboration-Trial Court acquitting the accused holding that 
dying declarations were not worthy of reliance-On appeal, Held, a dying 
declaration is an important and reliable piece of evidence for recording 
conviction-But court can look for corroboration if it suffers from any E 
infirmities-Main test for reliability is the fit physical and mental condition 
of the victim-On facts and circumstances of the case, Trial Court justified 
in acquitting the accused-Penal Code, 1860-Section 302134. 
Dying declaration-Admissibility of-More than one declaration--
Though consistent yet infirm-Effect of-Held, it is not the number of dying F 
declarations which will weigh with the court-Court not to act upon dying 
declarations merely because they are more then one and apparently consistent. 
Dying declaration made to a police officer-Admissibility of-Held, 
though admissible, practice of dying declaration being recorded by 
investigating officer is discouraged unless the condition of victim is so G 
precarious that there was no other alternative except to record the statement 
by investigating officer. 
Respondents - accused were prosecuted for an offence under section 
302/34 of the l.P.C. for unnatural death of a housewife due to extensive burn H 
777 
778 
SUPRErvtE COURT REPORTS 
(2001] 3 S.C.K 
,· 
A injuries. The respondents were husband, mother-in-law and sister-in-law of i 
the deceased hous~wife. Accused-husband informed the police control room 
that ~is wife had set herself on fire by pouring kerosene oil. Police reached ' 
the place of occurrence and took the victim to the hospital. The victim frad 
sustained 85% burn injuries involving front of truck, both thighs, arms, parts 
of face and the skin ofth.e hands had peeled off. According to doctors attending 
B on her, condition was constantly deteriorating due to dehydration. The deceased 
before succumbing to her injuries was said to have inade five dying declarations 
to different persons implicating the accused persons for burning her. The 
first dying declaration was made to ASI (PWS) on her way to hospital in PCR 
Van. The second dying declaration was made to the Doctor (PW 9) inethe 
C hospital. The third dying declaration was recorded by Superintendent of Police 
and the fourth one was made to Sub-Divisional Magistrate (PW 16). The fifth 
dying declaration was an oral statement made by deceased to her brother (PW. 
3). Trial Court held that the dying declarations subjected to judicial scrutiny 
were not worthy _of reliance to base conviction eithe_r collectively or individually, 
D and acquitted the accused. T~e State did not c~allenge the acquittal. Hence 
the present appeal by the mother of the d_eceased. 
Dismissing the appeal, the Court 
HELD : 1. High Court was justified in acquitting the accused persons 
E holding that none of the dying declarations made by deceased subjected to 
judicial scrutiny was worthy of reliance so as to base conviction thereon either 
collectively or individually. [796-E; 785-G I 
2.1. A d·ying declaration not being a deposition in Court, neither made 
on oath nor in the presence of the accused and therefore not tested by cross-
F examination is yet admissible in evidence as an exception to the general rule 
against the admissibility of heresay. The admissibility is founded on the 
principle of necessity. The weak points of a dying declaration serve to put the 
court on its guard while testing its reliability and impose on the court and 
obligation to closely scrutinise all the relevant attendant circumstances. One 
G of the important tests of the reliability of the dying declaration is a finding 
arrived at by the Court as to satisfaction that the deceased was in a fit state 
of mind and capable of making a statement at the point of time when the dying 

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