S.302 IPC | Just Because Motive And Enmity Is Not Established, Doesn't Mean Accused Will Get Brownie Points: MP High Court

The division bench comprising Justices Sujoy Paul and Prakash Chandra Gupta observed-

So far existence of 'enmity' and 'motive' is concerned, it is trite that in every case of direct evidence it is not necessary to establish the motive or enmity. If the crime is heinous and otherwise attracts necessary ingredients for committing offence under Section 302 of IPC, merely because motive and enmity is not established, appellant will not get any browny (sic) points. In this case kerosene oil was poured on Gajadhar when he was sleeping. Then he was set on fire. Dying declaration is direct evidence to establish the same. This evidence which is worthy of credence is sufficient and question of motive is insignificant.

Facts of the case were that as per the Prosecution story, the Appellants entered the premises of the deceased, poured kerosene on him and set him on fire. There was no other witness to the event. The deceased was rushed to the hospital where he gave his dying declaration to the magistrate after he was declared fit for the same by a doctor. Later, he succumbed to his injuries. The Appellants were accused and later convicted for offence punishable under Section 302/34 IPC. Aggrieved, they preferred an appeal before the Court against their conviction.

The Appellant argued before the Court that dying declaration given by the deceased was not reliable. Furthermore, it was asserted that no motive or prior enmity on the part of the Appellants were established. Per contra, the State supported their conviction by submitting that no fault could be found in the dying declaration.

Examining the submissions of parties and trial court record, the Court concurred with the submissions put forth by the State. It opined that considering the testimonies of the prosecution witnesses, the validity of the dying declaration could not be doubted. The Court also noted that if it is found that the dying declaration was true and voluntary, it can be accepted even without any further corroboration-

The Apex Court laid emphasis that dying declaration must be true and voluntary and in that event it can be accepted without corroboration. As per the findings given above, no doubt was created on dying declaration during the course of hearing by learned counsel for appellant. After scrutiny of Ex.P-5, we find no reason to hold that dying declaration was untrue or involuntary. We have carefully examined and scrutinized dying declaration and unable to hold that it was outcome of any tutoring, prompting or imagination. It was proved beyond doubt that Gajadhar was in a fit state to make the declaration. Accordingly, in our opinion, the necessary ingredients for accepting a dying declaration are available in the instant case, and no fault can be found in the judgment of Court below where written dying declaration and oral dying declarations were accepted by Court below.

Addressing the argument raised by the Appellants regarding absence of motive and enmity, the Court observed that they cannot be extended the benefit for the same considering the authenticity of the dying declaration.

With the aforesaid observations, the Court held that the Appellants were rightly convicted for the offence and the Prosecution had established its case beyond reasonable doubt. Accordingly, the appeal was dismissed.