STATE OF U.P. versus VEERPAL & ANR.

Citation: [2022] 1 S.C.R. 1163 · Decided: 01-02-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 7 · see the full citation network in Lexace

Judgment (excerpt)

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[2022] 1 S.C.R. 1163
1163
STATE OF U.P.
v.
VEERPAL & ANR.
(Criminal Appeal No. 34 of 2022)
FEBRUARY 01, 2022
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Evidence Act, 1872 – s.32 – Dying declaration – Appreciation
of – Dying declaration recorded by the Magistrate in which
deceased specifically stated that due to feud over demand of money,
respondents-accused burnt her after pouring kerosene over her –
On facts, no reason to doubt the dying declaration recorded by the
magistrate – Statements in the dying declaration consistent with
medical evidence inasmuch as there were no injuries on the chest
and injuries were found only on the head and backside – Such
injuries on the head and backside could have been possible only if
somebody have poured kerosene on the deceased from behind –
Evidentiary value of the dying declaration further enhanced by
certificate by physician who treated the deceased prior to her death
that at the time of making statements she was fully conscious – High
Court erred in acquitting the accused – Penal Code, 1860 – s.302
r/w. s.34.
Evidence – Dying declaration – Evidentiary Value- There can
be conviction solely based upon the dying declaration without
corroboration.
Allowing the appeal, the Court
HELD:1. Nothing is on record with regard to any allegation
against the Magistrate/SDM to the effect that he was biased or
interested in recording the dying declaration against the accused.
He was summoned during the course of investigation and during
the course of investigation he recorded the dying declaration and
the statement of deceased. Even the High Court as such has not
doubted the credibility of the dying declaration recorded by the
Magistrate/SDM on the ground of malice. The reasoning given
by the High Court to not rely upon the dying declaration recorded
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SUPREME COURT REPORTS
[2022] 1 S.C.R.
by the Magistrate/SDM is not germane and cannot be accepted.
There is no reason to doubt the dying declaration recorded by
the Magistrate on 22.12.2011 in which the deceased specifically
stated that at 11:00 am due to the feud over demanding money,
respondents – accused have burned her after pouring kerosene
over her. Therefore, in the statement of dying declaration
recorded by the Magistrate on 22.12.2011, the respondents –
original accused are specifically named and it is specifically stated
that they poured kerosene on her. [Para 10][1172-G-H;
1173-A-B]
2. Even considering the medical evidence on record and
the injuries sustained by the deceased, it is found that there were
no injuries at all on the chest and injuries were found on the head
and on the backside. As rightly observed by the Trial Court if
she had committed suicide by pouring kerosene there would have
been injuries on the chest as well as injuries would not have been
on the head and on the backside. Such injuries as found on the
body of the deceased could have been possible only if somebody
had poured kerosene on her from behind her. The aforesaid aspect
has not at all been considered by the High Court. [Para 10]
[1173-E-F]
3. There can be a conviction solely based upon the dying
declaration without corroboration. [Para 10.1][1174-B]
4. Although the accused was not specifically named by the
deceased in her statement recorded under section 161 of the
Cr.P.C, as the person who set the deceased on fire, he has been
so named in her dying declaration. Even in the statement recorded
under section 161 of the Cr.PC, the deceased has stated that her
father--in--law had attacked her with a stick with an intention to
kill her and as a result, she locked herself in the room and set
herself ablaze. Therefore, there runs a common thread in the
statements of the deceased, being that she was attacked by the
accused -respondent. Further, the statements made by the
deceased in her dying declaration are consistent with medical
evidence which reveals that there were burns on all parts of the
body except chest and sides of the abdomen and back. The burns
are at such parts as could have resulted when a person, other
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than the deceased poured kerosene and set fire. If the deceased
had set herself on fire, her chest ought to have been burnt. Medical
evidence is consistent with the dying declaration, thereby allowing
this Court to place reliance on the declarations. [Para 10.2]
[1175-D-G]
5. The Trial Court has rightly observed as to the weight
and reliance that must be placed on the dying declaration of the
dec

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