Skip to main content

A single reliable dying declaration is enough to convict

A single reliable dying declaration is enough to convict perpetrators of a crime, the Nagpur bench of Bombay high court ruled on Tuesday. The court made the observation while rejecting the application of a Kanhan-based man who set his wife afire after a quarrel. The woman had given two dying declarations and oral one to her mother, immediately after the incident. The man challenged it, stating that the prosecution had failed to examine the doctor, who declared that the wife was fit to give dying declaration.

However, the court declined to accept petitioner Sukhchand Bhalavi's submissions. "There need not be multiple dying declarations. A singular dying declaration, if free from clouds of suspicion and inspires confidence, can be the basis for convicting perpetrators of crime," a single-judge bench of justice Vinay Deshpande ruled.
The couple in question had entered into wedlock in 2006. It was the second marriage for both of them. Bhalavi's first wife had also died after suffering burn injuries. The second wife, Kalpana, had one daughter from her first marriage and had a son from Sukhchand. Bhalavi used to work as a labourer at a saw mill.
On the fateful night of December 27, 2008, there was an argument between the couple, after Sukhchand came home drunk and demanded food. He abused Kalpana and poured kerosene on her and set her ablaze before fleeing home.
Kalpana's mother Suman rushed to daughter's home where the latter revealed that it was husband who set her on fire. Her mother then rushed her to Mayo Hospital and lodged a police complaint. Kalpana's dying declaration was recorded by special executive magistrate where she again named Bhalavi. Even while writing first information report (FIR), which court considered as first declaration, she maintained the same position.
After Kalpana died on January 1, 2009, Sukhchand was booked under Section 302 of IPC and tried in the Nagpur sessions court, which awarded him life sentence.
Justice Deshpande noted that the dying declaration recorded by executive magistrate was read to the injured wife and she admitted that all contents were true. Later, her toe impression was obtained because of burning of her both the hands, which was also confirmed during post mortem.
"After perusal of two written dying declarations, it's clear that both are consistent in nature. Further, there is an immediate disclosure by Kalpana to mother that it's the husband who poured kerosene and set her ablaze. The evidence of all prosecution witnesses has not shattered at all during the course of their cross-examination. Therefore, we're of view that at the appellate stage no interference is required," the court ruled before dismissing husband's application.

Comments

Most viewed this month

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...

Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...

Christian who reconverts as Hindu SC will get quota benefits

Amid the controversy over “ghar wapsi”, the Supreme Court on Thursday ruled that a person who “reconverts” from Christianity to Hinduism shall be entitled to reservation benefits if his forefathers belonged to a Scheduled Caste and the community accepts him after “reconversion”. Citing articles by B R Ambedkar and James Massey, and reports by Mandal Commission and Chinappa Commission, the court said: “There has been detailed study to indicate the Scheduled Caste persons belonging to Hindu religion, who had embraced Christianity with some kind of hope or aspiration, have remained socially, educationally and economically backward.” The bench of Justices Dipak Misra and V Gopala Gowda held that a person shall not be deprived of reservation benefits if he decides to “reconvert” to Hinduism and adopts the caste that his forefathers originally belonged to just because he was born to Christian parents or has a Christian spouse. Expanding the scope of a previous Constitution benc...