Dying Declaration Can Be Sole Basis For Conviction If Made In 'Fit Mental State', Inspires Confidence Of Court: Kerala High Court

The Kerala High Court has stated that a dying declaration provided by the victim can be the sole basis of conviction if made in fit state of mind, adding that it is for the court to determine whether the individual was in the fit state of mind from the evidence available on record.

“The other circumstances highlighted by the prosecution from the remaining part of the evidence of PW4 and also from the evidence of PW1 and PW2 are not at all sufficient to prove the guilt of the appellant on analysing the said evidence noticing the principles that have to guide us in appreciating the circumstantial evidence” observed Justice AK Jayasankaran Nambiar and Justice Kauser Edappagath.

The appellant was charged under Section 302 of IPC (murder) on the allegation that he killed his wife by setting her on fire and sentenced to undergo imprisonment for life and to pay a fine of Rs. 50,000. Two statements, one by the mother of the victim and the other by the SHO of Thirunelli police station were treated as dying declarations under Section 32(1) of the Evidence Act against the appellant. The trial court relied on the dying declaration given by the victim while she was undergoing treatment at the Government Medical College Hospital, Kozhikode in order to convict the appellant.

The counsel for the appellant argued that these cannot be considered dying declarations as the victim was not in a fit state of mind to make the statements.

The court noted that as dying declarations as provided under Section 32(1) are the exception, the onus of establishing that the individual was of the fit state of mind which would bring the statement within the exception lies clearly upon the party who wants to rely upon the statement, i.e., on the prosecution.

In doing so, the court pointed out that there was no additional material submitted by the prosecution to prove that the victim was in a fit state of mind when those declarations were made.

Accordingly, the appeal was allowed.

Counsel for Respondent: Advocate Ambika Devi, Special Public Pleader

Case Title: Eby @ Philip Ninan v. State of Kerala

Case Citation: 2024 LiveLaw (Ker) 217

Case Number: Crl A. No. 139 of 2017

Click here to read/download the order