Conviction can be based on 'dying declaration': SC

By T. Padmanabha Rao

NEW DELHI, JULY 11. ``Once the statement of the `dying person' and the evidence of the witnesses testifying to the same passes the test of careful scrutiny of the courts (in a criminal case), it becomes a very important and a reliable piece of evidence and if the court is satisfied that the `dying declaration' is true and free from any embellishment, such a declaration, by itself, can be sufficient for recording conviction even without looking for any corroboration,'' the Supreme Court has reiterated.

The Bench added that ``a singular dying `declaration' not suffering from any infirmity and found worthy of being relied on, may form the basis of conviction, but, on the other hand, if every `individual dying declaration' consisting in a plurality is found to be infirm, the court would not be persuaded to act thereon merely because the dying declarations are more than one and apparently consistent''.

Delivering the judgment, Mr. Justice R.C. Lahoti, on scrutiny of the evidence, affirmed the verdict of a Delhi Trial Court which, on meticulous consideration of evidence and the five `dying declarations' acquitted the three accused, namely, Mr. Omprakash (husband), his mother and sister (accused) - on charge of `murder' of his (Mr. Omprakash's) wife on March 8, 1982.

The wife died an unnatural death on March 8, 1982 having sustained extensive burn injuries on the previous day.

The trial court found ``none of the five dying declarations worthy of reliance so as to base conviction thereon either collectively or individually''.

The Apex Court Bench which included Mr. Justice Doraiswamy Raju, on going through the evidence, said that ``None of `the five statements' (dying declarations) attributed to Janki Kumari (deceased wife) and coming from the mouth of different witnesses has been held worthy of being accepted and acted upon as `dying declaration' so as to form a safe basis to base conviction of the `accused thereon.''

The Bench found itself ``not persuaded to reverse the well- reasoned finding of not guilty recorded by the trial court and convert the same into a finding of guilty simply because the statements alleged to be dying declarations are five in number.''

``Needless to say there is no other shred of evidence connecting the accused with the crime,'' the Bench noted.

The Bench, in the context of the matrimonial discord between Mr. Omprakash and his wife (deceased), said that ``the possibility of her committing a suicide and implicating the accused persons cannot be ruled out in the facts and circumstances of the case as available on record.''

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