LexUMAKANT & ANR. versus STATE OF CHHATISGARH
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[2014] 8 S.C.R. 69 UMAKANT & ANR. v. STATE OF CHHATISGARH (Criminal Appeal No.1424 of 2012) JULY 01, 2014 [DIPAK MISRA AND N.V. RAMANA, JJ.] A B Penal Code, 1860 - ss. 302 rlw 34 - Conviction and sentence under, on the basis of dying declaration - Justification of - Victim-wife admitted in the hospital with burn C injuries, later succumbed to her injuries - Prosecution case that husband and his parents harassing the victim for dowry and subjected her to cruelty and torture - High Court relying solely on the dying declaration upheld conviction of the appellants-husband and his parents u/s. 302134, however, D acquitted them u/ss. 304-8 and 498-A and ss. 3 and 4 of the Dowry Prohibition Act - On appeal, held: Evidence available on record and the dying declaration does not inspire confidence to make it the basis for the conviction of the appellants - Dying declaration appears to be a product of E tutoring by family members - Further, the High Court basing on the same dying declaration, ought not to have convicted the appellants u/s. 302 when they were acquitted uls. 304-8 and 498A and ss. 3 and 4 of the Dowry Prohibition Act by the High Court - Thus, conviction and sentence imposed by the F High Court against the appellants for the offence uls. 302134 set aside. Evidence - Dying declaration - Credibility of - Held: Dying declaration is given lot of credence and importance, deviating from the rule of evidence since such declaration is G made by the victim when he/she is on the verge of death - Though dying declaration is not recorded in the Court in the presence of accused nor it is put to strict proof of cross- 69 H 70 SUPREME COURT REPORTS [2014] 8 S.C.R. A examination by accused, still it is admitted in evidence against the general rule that hearsay evidence is not admissible in evidence - Dying declaration does not even require any corroboration as long as it inspires confidence in the mind of the Court that it is free from tutoring - At the same B time, dying declaration has to be judged and appreciated in the light of surrounding circumstances. Criminal law - Burden of proof - Held: Prosecution has to prove the guilt of the accused beyond all reasonable doubt - If two views are possible on the evidence adduced in the C case, one pointing to the guilt of the accused and the Qtber towards his innocence, the view which is favourable to the accused should be adopted. According to the prosecution case, after six months D of the marriage, appellant no. 1-husband and his parents started harassing 'A'-wife for dowry and subjected her to cruelty and torture. It is alleged that on the fateful day, the appellant no. 1 poured kerosene on her body and appellant no. 2-mother-in-law set her ablaze. The victim E was taken to the hospital where appellant no. 2 stated to the doctor that the victim sustained injuries due to an accident with the chimney (lamp). The hospital authorities informed the police and FIR was registered. The victim . later succumbed to her injuries. The trial court convicted F the appellant no. 1 and 2 u/ss. 3 and 4 of the Dowry ·Prohibition Act, 1961 and u/ss. 498A, 3048 and 302/34 IPC and appellant no. 3-father-in-law u/ss. 3 and 4 of the 1961 Act and u/ss. 498A IPC. However, since there was not enough evidence except the dying declaration of the G victim, the High Court acquitted the appellants of all the charges except u/s. 302/34 IPC. The Division Bench of the High Court upheld the conviction and sentence u/s. 3021 34 IPC. Hence, the present appeal. Allowing the appeal,· the Court H· UMAKANT & ANR. v. STATE OF CHHATISGARH 71 HELD: 1.1. The philosophy of law which signifies the A importance of a dying declaration is based on the maxim "nemo moritusus prasumitus mennre", which means, "no one at the time of death is presumed to lie and he will not meet his maker with a lie in his mouth". Though a dyin~ declaration is not recorded in the Court in the presence B of accused nor i-t is put to strict proof of cross- examination by the accused, still it is admitted in evidence against the general rule that hearsay evidence is not admissible in evidence. The dying declaration does not even require any corroboration as long as it inspires .c confidence in the mind of the Court and that it is free from any form of tutoring. At the same time, dying declaration has to be judged and appreciated in the light of surrounding circum
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