LexSTATE OF PUNJAB REP. THROUGH SECRETARY versus RAJ KUMAR AND ORS.
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[2008] 11 S.C.R. 1169 + - STATE OF PUNJAB REP. THROUGH SECRETARY A II. RAJ KUMAR AND ORS. (Criminal Appeal No. 537 of 2003) AUGUST 11, 2008 B - [DR. ARIJIT PASAYAT AND G.5. SINGHVI, JJ.] Indian Evidence Act, 1872: Dying declaration - Conviction on the basis of - Held: c Situation in which a person is on his death-bed being exceed- ingly solemn, severe and grave is the reason in law to accept veracity of his statement - Moreover, its exclusion will result in miscarriage of justice - But the dying declaration should be of such nature as to inspire full confidence of the Court as to its correctness -Once the Court is satisfied that it was true o· and voluntary, conviction could solely be based on it without any further corroboration - In the instant case,. prosecution has successfully established accusation on the basis of dy- ing declaration against accused No. 2 - However, in the facts and circumstances of the case, punishment under Section 304 E Pt. II and custodial sentence of 6 years would sub-seNe the ends of justice - Sentencing - Penal Code, 1860 - Murder/ Culpable homicide - Ss. 302 and 304 Pt. II - Dying declara- tion - Evidentiary value. According to the prosecution, relationship between F > accused No.1, husband and the deceased wife was strained on account of more and more demand of dowry being made by the accused and his parents. On March 12, 1996, mother in law of the deceased allegedly sprinkled kerosene oil on her and set her on fire. On hearing hercry, G her brother-in-law and his wife took her to a hospital and .-l her statement was recorded by PW9, a doctor, on the ba- sis of which an FIR was registered on the next day. Her statement was also recorded by the Magistrate. She died 1169 H 1170 SUPREME COURT REPORTS [2008] 11 S.C.R. + A on March 14, 1996. On completion of the investigation, Police filed charge-sheet against the accused husband and his parents for committing the offence punishable u/ s.302 r/w s.34 IPC. Trial Court, on the basis of dying dee- laration, found the accused persons guilty of committing B the offence punishable u/s.302 r/w s.34 IPC and sentenced "'1 them to undergo rigorous imprisonment for life. Appeal preferred thereagainst by the convicts was allowed by the High Court. Hence the present appeal. Appellant-State contended that the approach of the c High Court is clearly erroneous. Even if it is accepted that there was some manipulation as urged by the accused persons, the effect of the dying declaration has not been dealt with at all. D Partly allowing the appeal, the Court HELD: 1.1 The situation in which a person is on his ).. deathbed, being exceedingly solemn, serene and grave, is the reason in law to accept the veracity of his state- ment. It is for this reason that the requirements of oath E and cross-examination are di~pensed wi~h. Besides should the dying declaration be excluded it will result in miscarriage of justice bec;ause the victim being generally the only eye-witness in a serious crime, the exclusion of the statement would leave the Court without a scrap of F evidence. (Para - 4) [1175 e,f] ·~ 1.2 Though a dying declaration is entitled to great weight, it is worthwhile to note that the accused has no power of cross-examination. Such a power is essential for eliciting the truth as an obligation of oath could be. G This is the reason the Court also insists that the dying declaration should be of such nature as to inspire full confidence of the Court in its correctness. The Court has to be on guard that the statement of the deceased was not as a result of either tutoring or prompting or a prod- H uct of imagination. Th~ Court must be further satisfied that STATE OF PUNJAB REP. THROUGH SECRETARY 1171 v. RAJ KUMAR & ORS. the deceased was in a fit state of mind after a clear oppor- A tun.ity to observe and identify the assailant. Once the Court is satisfied that the declaration was true and voluntary, undoubtedly, it can base its conviction without any fur- ther corroboration. It cannot be laid down as an absolute rule of law that the dying declaration cannot form the sole B basis of conviction unless it is corroborated. The rule re- quiring corroboration is merely a rule of prudence. (Para - 5) [1175 G,H - 1176 A,B] Smt. Paniben v. State of Gujarat AIR (1992) SC 1817; Munnu Raja & Anr. v. The State of Madhya Pradesh (1976) 2 C SCR 764; State of Uttar Pradesh v. Ram Sagar Yadav
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