Recently, the High Court of Chhattisgarh, while allowing an appeal filed against the judgment of conviction and order of sentence passed in Sessions Case by the Additional Sessions Judge, whereby the appellants were convicted for the offense under Section 302 of IPC and sentenced to undergo imprisonment for life, held that the prosecution failed to establish beyond reasonable doubt that the deceased was in a fit mental and physical state to give a dying declaration, and since the declaration lacked corroboration, it could not be solely relied upon to convict the appellants.
Brief Facts:
The prosecution alleged that the appellants, being the husband, father-in-law, mother-in-law, and brother-in-law of the deceased, subjected her to mental and physical cruelty for dowry. On 22.12.2017, they allegedly poured kerosene on her and set her ablaze. The deceased suffered 87% burns and later succumbed to injuries on 28.12.2017. The trial court convicted all appellants under Section 302 IPC based primarily on the deceased’s dying declaration.
Contentions of the Appellant:
The Learned Counsel for the Appellant submitted that the trial court erred in convicting them solely on the basis of a dying declaration that was not reliable. He contended that the prosecution failed to prove beyond reasonable doubt that the deceased was in a fit state to make the statement. The trial court acquitted the appellants of Section 498-A IPC but convicted them of murder based on the same declaration, which was contradictory and unreliable.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that the dying declaration clearly implicated the accused and was sufficient to convict them under Section 302 of IPC. It was submitted that the statement was made voluntarily and was consistent with the prosecution’s case, thereby justifying the sentence imposed by the trial court.
Observations of the court:
The court noted that the dying declaration could not be the sole basis for conviction in the absence of corroboration.
The Court observed that a dying declaration is a crucial piece of evidence, but it must be voluntary, reliable, and corroborated by other evidence. In the present case, the court found that there was no medical evidence proving that the deceased was in a fit state to make a statement. The Executive Magistrate who recorded the declaration had neither certified her condition nor provided any independent assurance of her ability to give a coherent and voluntary statement. Furthermore, the trial court had partially rejected the dying declaration by acquitting the appellants under Section 498-A of IPC, which cast doubt on its reliability. The absence of corroborative evidence further weakened the prosecution’s case.
The decision of the Court:
The Chhattisgarh High Court, allowing the appeal, held that the prosecution failed to establish the guilt of the accused beyond reasonable doubt, and hence, the conviction is set aside.
Case Title: Satya Prakash Tandan & Ors. vs. State of Chhattisgarh
Coram: Hon’ble Justice Sanjay K. Agrawal and Hon’ble Justice Deepak Kumar Tiwari
Case No.: CRA No. 1009 of 2019
Advocate for the Appellant: Mr. Paras Mani Shrivas
Advocate for the Respondent: Mr. Pankaj Singh
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