STATE OF GUJARAT versus JAYRAJBHAI PUNJABHAI VARU

Citation: [2016] 3 S.C.R. 265 · Decided: 11-07-2016 · Supreme Court of India · Bench: KURIAN JOSEPH · Disposal: Dismissed

Judgment (excerpt)

[2016] 3 S.C.R. 265 
STATE OF GUJARAT 
v. 
JAYRAJBHAIPUNJABHAIVARU 
(Crimina!Appea!No. 1236of2010) 
JULY 11,2016 
[KURIAN JOSEPH AND R.K. AGRAWAL, JJ.] 
Evidence Act, 1872 - s. 32 - Dying declaration - Death of 
wife by sustaining 90% burn injuries - Statement/dying declaration 
made by wife before polic<; officer and Executive Magistrate as 
also oral dying declaration before her father - Conviction of 
husband uls. 302 and sentenced to rigorous life imprisonment by 
the trial court - However, acquittal by the High Court - On appeal, 
held: There were two sets of evidence, one the statement made before 
police officer and Executive Magistrate wherein deceased did not 
name her husband or her family members and other the oral dying 
declaration made by the deceased before her father who deposed 
about the cruelty and ill behavior meted out to the deceased at her 
matrimonial home - On a careful scrutiny of the materials on record, 
it is found that both the statements before the police officer and 
Executive Magistrate are consistent, reliable and fully corroborated 
- There is no contradiction as to the role of the husband- It becomes 
very clear that there was no involvement of husband in the 
commission of offence - Conviction could not be placed on the sole 
testimony of the father of deceased - Thus, order passed by the 
High Court upheld - Penal Code, 1860 - s. 302. 
Dying declaration - Reliance upon - Held: Courts below need 
to be extremely careful while dealing with a dying declaration since 
maker not available for cross-examination - Mechanical approach 
in relying upon a dying declaration is extremely dangerous - Court 
to consider and weigh all the attendant circumstances and come to 
the independent finding whether dying declaration was properly 
recorded and was voluntary and truthful - Dying declaration should 
be of such a nature as to inspire full confidence of the Court in its 
correctness - Further, in case of more than one dying declaration, 
the intrinsic contradictions in those dying declarations are extremely 
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SUPREME COURT REPORTS 
[2016) 3 S.C.R. 
important - It cannot be that a dying declaration which supports 
the prosecution alone can be accepted while the other innocent 
dying declarations have to be rejected - However, the courts below 
are fully entitled to act on the dying declarations and make them 
the basis of conviction, where dying declarations pass all the said 
tests - Once the court is convinced that dying declaration is so 
recorded, it may be acted upon and made a basis of conviction. 
Dismissing the appeal, the Court 
HELD: 1. The courts below have to be extremely careful 
when they deal with a dying declaration as the maker thereof is 
not available for the cross-examination which poses a great 
difficulty to the accused person. A mechanical approach in relying 
upon a dying declaration just because it is there is extremely 
dangerous. The court has to examine a dying declaration 
scrupulously with a microscopic eye to find out whether the dying 
declaration is voluntary, truthful, made in a conscious state of 
mind and without being influenced by the relatives present or by 
the investigating agency who may be interested in the success of 
investigation or which may be negligent while recording the dying 
declaration. A number of times the relatives influence the 
investigating agency and bring about a dying declaration. The 
dying declarations recorded by the investigating agencies have 
to be very scrupulously examined. The court has to weigh all the 
attendant circumstances and come to the independent finding 
whether the dying declaration was properly recorded and whether 
it was voluntary and truthful. In case of more than one dying 
declaration, the intrinsic contradictions in those dying declarations 
are extremely important. It cannot be that a dying declaration 
which supports the prosecution alone can be accepted while the 
other innocent dying declarations have to be rejected. Such a 
trend will be extremely dangerous. However, the courts below 
are fully entitled to act on the dying declarations and make them 
the basis of conviction, where the dying declarations pass all the 
above tests. The courts must bear in mind that each criminal 
trial is an individual aspect. It may differ from the other trials in 
some or the other respect and, therefore,-a mechanical approach 
to the law of dying declara

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