All HC | Court should not be too technical when it feels convinced about trustworthiness of dying declaration, which if inspires confidence, can be acted upon, without any corroboration

Allahabad High Court: The Division Bench of B. Amit Sthalekar and Shekhar Kumar Yadav, JJ., held that dying declaration can be acted upon without any corroboration when the Court feels convinced about its trustworthiness.

Appellants filed the instant criminal appeal against the order passed by Additional Sessions Judge whereby appellants have been convicted under Section 302/34 of Penal Code, 1860.

All the appellants except appellant Kamal were convicted under Section 498-A IPC and sentenced to three years rigorous imprisonment along with fine with default stipulation. Further, all the appellants except appellant Kamal were convicted under Section 3 of the Dowry Prohibition Act and sentenced to three years rigorous imprisonment along with fine with default stipulation.

Adding to the above, all the appellants except appellant Kamal were convicted under Section 4 of the Dowry Prohibition Act and sentenced to two years imprisonment along with fine with default stipulation.

Appellant filed the instant bail applications in light of the above-stated.

The factual matrix of the instant case shows that informant alleged that the marriage of his niece was solemnised with accused-appellant Raju son of Jaiprakash. Raju, his mother and father, sister and his friend were continuously torturing and harassing the niece of informant for bringing less dowry and for not giving vehicle in the marriage, and these torturous acts of appellants/applicants were regularly complained to the informant’s side by his niece and for which a case of dowry was also registered and pending between the parties.

It was further added to the allegations that the appellants/applicants took the niece of the informant to her matrimonial home, thereafter, she has been continuously harassed and maltreated again for bringing less dowry, which was also complained by her to the informant and the family members.

It was alleged that the appellants set ablaze the informant’s niece with the intention to kill her and when the informant and his family members got the said information, they took her to the hospital and on enquiry by the informant she narrated that all the appellants set her at ablaze with an intention to kill her.

During the treatment, informant’s niece lost her life.

Appellants Counsel submitted that the dying declaration is not trustworthy because, in the dying declaration, it has not been recorded that the deceased was in a fit state of mind to make the said dying declaration.

AGA for the State placed reliance on the dying declaration recorded by the Executive Magistrate to contend that there is no contradiction or inconsistency in the dying declaration so as to disbelieve the same. It was further submitted that Executive Magistrate in his deposition stated that before recording the dying declaration, he enquired about the mental status of the victim from the Doctor and on being satisfied regarding the fit mental status of the deceased, he proceeded to record the dying declaration and it is not the requirement of law that the Executive Magistrate was under an obligation to record his satisfaction that the deceased was in a fit state of mind to make the dying declaration.

AGA also placed reliance on the Supreme court decision in Laxman v. State of Maharashtra, (2002) 6 SCC 710, wherein it was explained that medical certification is not a sine qua non for accepting the Dying Declaration.

Decision

Bench on prima facie reading of dying declaration noted that the deceased gave the dying declaration before the Executive Magistrate, who after having been satisfied that she was in a fit state of mind in giving the statement, recorded her dying declaration.

In the dying declaration, deceased categorically stated the manner in which she was burnt by the appellants.

It is trite law that the court should not be too technical when it feels convinced about the trustworthiness of the dying declaration, which inspires confidence, can be acted upon, without any corroboration.

Bench found a case against the appellants and hence bail was rejected.[Babli v. State of U.P., 2020 SCC OnLine All 1461, decided on 09-12-2020]

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