Dying Declaration | One Line Certificate By Doctor That Patient Is Fit Without Any Observation Not Sufficient: Jammu & Kashmir High Court

The case in question centred around the demise of Sunita Devi, a woman who suffered severe burn injuries and subsequently succumbed to them. The prosecution alleged that the husband, along with his sister-in-law, were responsible for dousing her with kerosene and setting her ablaze. However, Trial Court acquitted them of offences under Section 302 read with 34 RPC. Hence, State preferred this appeal.

The State contended that trial court had committed errors in assessing the reliability of the dying declaration. It argued that the statements of corroborating witnesses, coupled with other pieces of evidence, should have been accorded greater weight by the trial court to establish guilt.

Upon a comprehensive assessment of the evidence and the dying declaration, the High Court emphasised the paramount importance of subjecting dying declarations to rigorous scrutiny due to their weighty implications in criminal proceedings. “It is true that the general principle of law is that man will not meet his maker with a lie on his lips, however, the rule of the prudence also dictates that where a person is sought to be convicted only on the basis of the dying declaration, the same must be scrutinized with extra diligence by the Court”, the court observed.

In the present case, the Court pointed to the inadequacy of the certification provided by the attending doctor who permitted the recording of the dying declaration. It observed that the certification failed to consider and record the mental disposition of the deceased, a crucial factor in determining the authenticity of her statement.

It added,

“The Doctor does not give any declaration or any observation with regard to the mental condition of the deceased for giving a statement. This assumes great significance in the backdrop of the fact that the post-mortem reveals that the deceased has received 98% burns, which is extremely extensive and the condition of the deceased was precarious at the time when she was brought to the hospital itself”.

Casting a spotlight on the perplexing absence of the deceased's signature on the carbon copy of the dying declaration, the bench observed that this has raised doubts about the authenticity of the document. The court further noted the intriguing aspect of burn injuries sustained by the accused-husband and reasoned that these injuries might potentially suggest an attempt to extinguish the flames rather than being indicative of setting them.

“There is an injury form of accused No.1 on record, the perusal of which reveals that he had sustained four burn injuries on his hands, foot, face and knee. In the opinion of the doctor, all these injuries had been allegedly sustained on 8.11.2005, which is the date of the alleged occurrence. If accused No. 1 would have put the deceased on fire, he would not sustain such injuries. Such injuries are possible only when a person tries to put out the fire or is put on fire”, the bench reitrated while reproducinh the finding of the trial court.

In view of the same the bench found no reason to interfere with the trial court's judgment and accordingly dismissed the appeal.

Case Title: SSP Kathua Vs Baghwan Das

Citation: 2023 LiveLaw (JKL) 234

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