There can be a conviction based solely upon the dying declaration without corroboration, the Supreme Court said on Tuesday while setting aside a verdict of the Allahabad High Court which had acquitted a woman's father-in-law and brother-in-law of the charge of murdering her by setting her ablaze. The apex court, while relying on the victim's dying declaration which was recorded by a magistrate, restored the trial court verdict which had convicted and sentenced both the accused to life imprisonment.
A bench of Justices M R Shah and B V Nagarathna said there was no reason to doubt the dying declaration recorded by the magistrate in which the victim had specifically stated that the accused had set fire to her due to feud over demanding money. It said the reasoning given by the high court not to rely upon the dying declaration recorded by the magistrate is not germane and cannot be accepted.
The top court delivered the verdict on an appeal filed by Uttar Pradesh challenging the high court's May 2020 order. We see no reason to doubt the dying declaration recorded by the magistrate on December 22, 2011 in which the deceased specifically stated that at 11 am due to the feud over demanding money, respondentsaccused have burned her after pouring kerosene over her, the bench said. The apex court also dealt with the aspect of whether in the absence of any corroborative evidence, there can be a conviction relying upon the dying declaration only.
Referring to some earlier verdicts delivered by the top court, the bench said it was specifically observed and held that there is neither a rule of law nor of prudence to the effect that a dying declaration cannot be acted upon without a corroboration. The bench noted that if the court is satisfied the dying declaration is true and voluntary, it can base its conviction on it without corroboration. Therefore, there can be a conviction solely based upon the dying declaration without corroboration, it said.
It noted that medical evidence in the case was consistent with the dying declaration. The evidentiary value of the dying declaration is further enhanced by the fact that it was accompanied by a certificate from the physician who was treating the deceased prior to her death, stating that the deceased remained fully conscious while making the statement, it said.
The bench noted that the high court had acquitted the accused mainly on the ground that there were two dying declarations, one recorded on December 20, 2011 and the other recorded on December 22, 2011 and there was a gap of two days between them. It said one dying declaration was recorded by a police officer on December 20, 2011, while the other one was recorded by the magistrate on December 22, 2011. The bench noted the high court had not believed the dying declaration recorded by the magistrate mainly on the ground that when the dying declaration was already recorded by the police officer, there was no reason to record the second dying declaration. It said the high court has specifically observed that the first dying declaration recorded by the police officer does not inspire any confidence. Even the high court as such has not doubted the credibility of the dying declaration recorded by the magistrate/SDM on the ground of malice, the bench said.
While referring to the case, the bench said the high court had committed a grave error in acquitting the accused. The impugned judgment and order acquitting the accused for the offences punishable under section 302 (murder) read with section 34 (common intention) of the IPC is hereby quashed and set aside, it said.
The top court said both the accused are held guilty of these offences and they would have forthwith surrender before the concerned court or the jail authority to undergo the life sentence. According to the police, the incident had taken place on December 20, 2011 in Mathura district. The victim had died on January 9, 2012.
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