Appreciation of Evidence in Sessions Cases - Justice D.Murugesan

Statement so recorded was read over and explained by doctor to deceased – Deceased admitted it to be
correct – As regards translation none was cross examined – No material to show that it was a result of
tutoring – Declaration corroborated by evidence of sister-in-law of deceased – is trustworthy and credible –
Ravi Kumar alias Kutti ravi vs. State of Tamil Nadu - 2006 AIR SCW 1037.
Section 32 – Dying Declaration – Contradiction with accident register – Declaration stating that
accused put deceased on fire – Case of suicide, however, recorded in accident register – Doctor who made
entry, however, explained that entry was so made on presumption since cause of injuries was not informed
to him at that time – Evidence of doctor clear and unambiguous – Defence case of suicide cannot be
accepted on face of two dying declarations recorded by Magistrate and Police Constable and their clear
evidence – Ravi Kumar alias Kutti ravi vs. State of tamil Nadu - 2006 AIR SCW 1037.
Section 32 – Dying Declaration – Deceased wife not keeping good relations with accused-husband –
was labouring under belief that husband was having an affair – Deceased was suffering from depression –
Had made an earlier attempt for suicide – All prosecution witnesses stating that deceased bolted doors of
room from inside – Witnesses along with accused had forced open room and doused fire – Accused
himself had taken her to hospital – Circumstances brought on record clearly point out that what might have
been stated in dying declaration may not be correct – Conviction based only on dying declaration is not
proper –P. Mani vs. State of Tamil Nadu - 2006 AIR SCW 1053.
Section 32 – Dying Declaration – Deceased was assaulted by accused with sword, axe etc. –
Presence or non presence of eye-witness or non-mentioning of name of said eye-witness in dying
declaration – Has no connection with ascertainment of veracity and creditworthiness of dying declaration –
Thus disbelieving dying declaration of deceased recorded by doctor on ground that deceased did not
mention presence of eye-witness in dying declaration – Not proper – Heeralal Yadav vs. State of M.P. -
2006 AIR SCW 3425.
Section 32 – Dying declaration – Recording of – Only because a dying declaration was not recorded
by a Magistrate – Same by itself may not be a ground to disbelieve entire prosecution case –Balbir Singh
vs. State of Punjab - 2006 AIR SCW 4950 (A).
Section 32 – Dying Declaration – Death by burning – victim in her dying declaration recorded by
doctor stating that her husband had put kerosene oil upon her and upon igniting, locked door of bathroom
from outside – Victim in second dying declaration before investigating Officer not only named her husband
but also her mother-in-law – Evidence of witnesses stating how deceased received maltreatment at hands
of accused persons for their demand of dowry – Conviction of accused husband under section 302, proper
– In view of inconsistencies between two dying declarations, benefit of doubt given to accused mother-inlaw
– Conviction of both under section 498-A, proper – Balbir Singh vs. State of Punjab - 2006 AIR SCW
4950 (B).
Section 32 – Dying declaration – Reliability – possibility of deceased becoming instantaneously
unconscious – Expressed by doctor conducting post mortem – No ground to disbelieve dying declaration –
There is a difference between something possible and something possible or certain – Moreso, when dying
declaration was recorded before deceased reached hospital – Gangaram Shantaram Salunkhe vs. State
of Maharashtra - 2006 AIR SCW 5918 (A).
22