STATE OF MAHARASHTRA versus SANJAY S/O DIGAMBARRAO RAJHANS

Citation: [2004] SUPP. 5 S.C.R. 619 · Decided: 25-10-2004 · Supreme Court of India · Bench: P. VENKATARAMA REDDI · Disposal: Dismissed

Judgment (excerpt)

STA TE OF MAHARASHTRA 
A 
v. 
SANJA Y S/O DIGAMBARRAO RAJHANS 
OCTOBER 25, 2004 
[P. VENKA TARAMA REDDI AND P.P. NAOLEKAR, JJ.] 
B 
Criminal Trial-Conviction based on Dying dec/aration-1.0. recording 
second dying declaration immediately after the recording by Executive 
Magistrate-Recorded without obtaining opinion from Doctors as to the C 
fitness of victim-Held, such a dying declaration is not reliable. 
Practice and Procedure-Two improbable theories-One by Prosecution 
other by defence-Hence, benefit of doubt ought to be given to the accused. 
Dying declaration-More than one declaration-Held, must be tested D 
on the iouchstone of consistency and probabilities. 
Evidence Act. 1872-Evidence of parents of deceased-Victim sustained 
serious burns-Statements-Held, not reliable. 
PWs 2 and 3 deposing about evidence of PW4-Eye-witnesses-Not E 
noting the number of vehicle-Many people standing-Victim shouting name 
of accused-No one else having heard the name-Held, highly improbable 
as it is open to doubt. 
The deceased 'V' and the Respondent-accused were engaged to be 
married. Some strained relations developed between them and the respondent F 
had some reservations to marry her. On 28.9.1991 at about 7.30 p.m. the 
accused and V were on the way to V's house and while they were in the locality, 
the Respondent slowed down the scooter and by taking out the petrol can kept 
in the §Cooter, sprinkled the petrol on the person of V and set her on fire, all 
of a sudden on the moving scooter. On noticing the flames on the body of V G 
and hearing her cries, some people gathered and tried to put out the fire. 
PW4 was one amongst them. He overheard V shouting. The accused also had 
some burn injuries when he tried to extinguish the fire. The accused took V 
to the Government Medical College Hospital. PW8-the Casualty duty Doctor, 
619 
H 
620 
SUPREME COURT REPORTS [2004] SUPP. 5 S.C.R. 
A recorded a medico legal case and noted what she said, in the register. He also 
noted that the patient was brought by the accused. 
PW7 recorded 2nd dying declaration. In her statement, the victim stated 
that the accused quarrelled and poured.the petrol taken out from the can and 
set her on fire after slowing down the scooter on the road behind Lokmat 
B office and some people gathered and extinguished the fire and that she became 
unconscious thereafter: She also stated that the accused brought her to the 
hospital. 
The accused, whose hands and plams were burnt to the extenf of 3%, 
C was admitted in the hospital and he was discharged on the next day. He was 
arrested later. 
The trial court convicted the respondent and the High Court on appeal 
reversed it. 
D 
Dismissing the Appeal by State, the Court 
HELD: 1. The intrinsic worth and reliability of so called dying 
declaration can be judged from its tenor and contents thereof. That apart, the 
1.0. did not come forward with any explanation as to why he thought of 
recording the statement soon after the Executive Magistrate purportedly 
E recorded the statement, that too without taking the opinion of the Doctor as 
to her fitness. The Court has no hesitation in discarding the alleged statement 
recorded by PW13 under Ext.86. The anxiety to plant the evidence is 
discernible from this document. [627-A-B; B-q 
2. The version of homicide set up by the prosecution as well as the 
F version of suicide set up by the accused appear to be highly improbable and 
do not inspire confidence in the mind of the Court to believe either version. 
In this state of things, when two incredible versions confront the Court, the 
Court has to give benefit of doubt to the accused and it is not safe to sustain 
the conviction. (630-F-G) 
G 
3. The contradictions in the two dying declarations coupled with the high 
degree of improbability of the manner of occurrence as depicted by the 
prosecution case leaves the Court with no option but to attach little weight to 
these dying declarations. It is not the plurality of the dying declarations that 
adds weight to the prosecution case, but their qualitative worth is what matters. 
H It has been repeatedly pointed out that the dying declaration should be of such 
.• 
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STATE OF MAHARASHTRA v. SANJA YS/O DIGAMBARRAO RAJHANS 
621 
nature as to inspire full confidence of the Court in its truthfulness and A 
correctness (vide the observations of Five Judge Bench in Laxman v. State of 
Maharashtra, (2002] 6 SCC 710. Inasmuch as the correctness of dying 
declarat

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