Dying Declaration Can Be The Sole Basis Of Conviction If It Is True & Voluntary: Telangana High Court Reiterates

Brief Facts of the case

The prosecution case is that the marriage of the appellant/accused with the deceased took place as per Hindu customs and rights in 2007. At the time of marriage, parents of deceased had given some valuable items and money in dowry and promised to give more after sometime. The appellant/accused was working as an auto rickshaw driver and when he came back he poured kerosene on his wife and lit fire with intention to kill. The deceased died in hospital due to severe burn injuries.

The police after investigation, filed a charge sheet and the matter was on trial. As most of the witnesses had turned hostile, the conviction was based upon the Dying Declaration of the deceased which was on record. The duty doctor had certified the condition of the patient that she was conscious and in a fit state of mind when the Dying Declaration was recorded.

The deceased categorically blamed her husband and stated that he used to harass her mentally and physically and used to demand additional dowry. On the basis of this Dying Declaration, the accused was convicted under offences Section 302 and 498A of IPC.

Aggrieved by the conviction, he filed the Criminal Appeal.

The counsel for the accused argued that conviction cannot be based upon the Dying Declaration alone. Furthermore, the parents of deceased have given a clean chit to the appellant/accused. As a consequence, the solitary piece of evidence which is Dying Declaration cannot be made the basis for convicting the appellant/accused.

In Rasheed Beg v. State of Madhya Pradesh, 1974 two Dying Declarations were recorded and there was improvement in the subsequent Dying Declaration. As a consequence, benefit was given to the accused therein.

Ruling of the Court

In the present case, the Court noted the undisputed fact that the deceased died within six months of marriage. It further stated that the deceased at her death bed with burn injuries and who was in a fit state of mind had categorically blamed her husband. Thus, there is no reason for the Court to disbelieve the statement of a young lady who was in senses while giving Dying Declaration.

"It is true that the parents of the deceased have not made allegation about demand of dowry. However, the fact remains that the deceased at her death bed with burn injuries and who was in a fit state of mind has categorically stated that her husband has poured kerosene over her and lit fire with a intention to kill her."

The Court cited Vijay Mohan Singh v. State of Karnataka, 2019 in which the person was held guilty in similar circumstances for an offence under Section 302 and 498A solely based upon Dying Declaration.

In the present case, the Court observed that the Dying Declaration is true and voluntary as it was recorded by the Magistrate and the Doctor has certified it; there are no cogent reasons to discard the same.

Hence, the Criminal Appeal as dismissed.

Case Title: Mandala Murali v. The State of AP

Citation: 2022 LiveLaw (Tel) 13

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