Oral Dying Declaration Can Form Basis For Conviction If Deponent Of Fit Mind And Truthful, But Prudent To Look For Corroboration: Gujarat HC

In a recent ruling, the Gujarat High Court has upheld the acquittal of an accused in a murder case, emphasising that it is prudent to look for corroboration of an oral dying declaration.

The division bench comprising Justices Ilesh J Vohra and Niral R Mehta observed,

“an oral Dying Declaration can form the basis of conviction if the deponent is in fit condition to make the declaration and if it is found to be truthful. The Courts as a matter of prudence look for corroboration to oral Dying Declaration. However, if there exists any suspicion as regards the correctness or otherwise of the said Dying Declaration, the Courts in arriving at the conclusion of conviction, shall look for some corroborating evidence.”

“A mechanical approach in relying upon the Dying Declaration just because it is there, is extremely dangerous and it is the duty of the Court to examine a Dying Declaration scrupulously with a microscopic eye to find out whether the Dying Declaration is voluntary, truthful, made in a conscious state of mind and without being influenced by the relatives present or by the investigating agency, who may be interested in the success of investigation or which may be negligent while recording the declaration,” the bench added.

The case stems from an incident in 1997 where Ranchhodbhai and his son Arvind were killed at the farm belonging to the second accused, Arvindbhai Patel.

The duo was allegedly abducted by the accused due to suspicion that Arvind had stolen gunny bags belonging to the principal accused. At the farm, the accused allegedly brutally assaulted the father and son with wooden logs and blows, resulting in fatal injuries. Ranchhodbhai died on the spot, while Arvind, in a semi-conscious state, was declared dead upon arrival at the Government Hospital. The incident was witnessed by Punjiben, the complainant, who arrived at the farm after the abduction.

Police, led by Janardan Mahida, reached the scene of the crime where they found Ranchhodbhai's body and Arvind, who was still alive and uttered Shashikant Patel and others' names as his attackers before succumbing to his injuries en route to the hospital. The Additional Sessions Judge at Anand framed charges against the accused based on the sections mentioned. However, the accused pleaded not guilty and were eventually acquitted due lack of support from eyewitnesses and doubting the credibility of the oral dying declaration made to Janardan Mahida, a police witness.

In this backdrop, the State appealed against acquittal before the High Court.

The Court observed that the only evidence before the Trial Court was the oral dying declaration of the deceased Arvind.

In accordance with the prosecution's case, the Court noted that the deceased had disclosed the incident to witness PW-16, stating that the accused, Shashikant and Arvind Patel, beat him with wooden logs while others inflicted injuries by fists and kicks.

"It is on record that the oral Dying Declaration was not reduced in writing by the police official. In such circumstances," the Court observed, "the Trial Court observed that the oral Dying Declaration does not inspire confidence and in absence of corroboration to the contents of the oral Dying Declaration, it cannot be relied upon."

The Court further noted that the family members of the deceased, examined before the Trial Court, did not mention any oral Dying Declaration made before the police or shed light on the issue.

"The witness PW-16 Janardan Mahida in his deposition has not stated that at the time of oral declaration, the deceased was in a fit state of mind and was able to understand what he is speaking," the Court remarked. "In such circumstances, the trial Court has rightly seek corroboration to the oral declaration as within three to four minutes, the deceased succumbed to his injuries, which factors weighed to come to a conclusion that the oral declaration made before the witness cannot be formed basis of conviction."

The Court emphasised that within three to four minutes, the deceased succumbed to his injuries, which raised doubts about his state of mind at the time of declaration. In light of the above, the Court held the reasons for not accepting the oral Dying Declaration were reasonable and based on the evidence on record, and thus, the view taken by the Trial Court is plausible, and there is no perversity in the findings.

“Thus, in our considered opinion,” the Court added, “the Trial Court was justified in acquitting the accused and we are in complete agreement with the findings, ultimate conclusion and resultant order of acquittal recorded by the Court below and hence finds no reason to interfere with the same."

Case Title: State Of Gujarat Versus Shashikant Gordhanbhai Patel & Ors.

LL Citation: 2024 LiveLaw (Guj) 77

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