- Section 32- Sant Gopal Alias Bhagat vs State Of U.P.
- Bench: Justice S Mookerji, Justice Semwal
Facts:
- Smt. Uma Devi, the victim was married to Swami Shanker and was living with her in-laws in village Naudhana. After her marriage, Uma Devi was harassed and maltreated by her in-laws on account of dowry
- On 8-2-1990, the accused Sant Gopal set fire on Smt. Uma Devi after sprinkling kerosene oil on her with an intention to commit her murder whereby she was brought to Mahewa Hospital in a burnt condition
- A case was registered by the Etawah police after Har Dayal, the father of Smt. Uma Devi reported that the accused persons were not allowing the family members of the reporter to look after the victim and were making their efforts to get the matter hushed up and that the dying declaration was necessary.
- Smt. Uma Devi succumbed to injuries and burns and died on 11-02-1990 after her dying declarations were recorded. The autopsy report stated the cause of the death of was pneumonitis as a result of septicemia and Toxaemia due to burning
Issue:
- Whether the accused is guilty of the offences mentioned under s302/34 of the IPC
- Whether a dying declaration is admissible under s32 of the Indian Evidence Act which is not in a question-answer form
Contentions of Respondent:
- That all dying declarations are admissible under s.32 as they implicate the Appellant in all 3 of them
Contentions of the Appellant
- That the dying declaration is inconsistent as it is not under a question-answer form
- That the dying declarations are tutored statements and thereby lack authenticity
Background:
The learned Sessions Judge found the prosecution case under Section 498A and 304B I.P.C. was not proved beyond reasonable doubt and he thus acquitted the accused of the said offences. However on consideration of evidence which consisted of the statements of 11 witnesses, the report filed to the Etawah Police, autopsy report and the dying declaration of the deceased victim, the Learned Additional Sessions Judge, concluded that the prosecution succeeded to prove its case against the accused under Section 302/34 I.P.C. and passed the order of conviction and sentence.. Thereby the sole accused-appellant has filed this appeal against the judgment and order dated 1-2-1992 passed by the II Additional Sessions Judge
Judgment:
The Supreme Court examined the question on the admissibility of the three dying declarations of Smt. Uma Devi and observed that the principle on which the dying declarations are admitted in evidence is indicated in legal maxim – “Nemo moriturus praesumuntur mentiri" i.e. a man will not meet his Maker with a lie in his mouth. The court cited the case of Khushal Rao v. State of Bombay (AIR 1958 SC 22) which laid down the principles regarding reliance on a dying declaration. In K. Ramachandra Reddy v. Public Prosecutor (1976 Cri LJ 1548), the court had held that Dying declaration is undoubtedly admissible under Section 32 of the Evidence Act and not being a statement on oath so that its truth could be tested by cross-examination, the courts have to apply the strictest scrutiny and the closest circumspection to the statement before acting upon it.
Further, the court laid down that a dying declaration made by the victim in a fit mental state but on the verge of death has a special sanctity of the solemn moment. A dying declaration not recorded in question and answer form is not inadmissible on that ground when it is complete.
The court dismissed the Appeal and upheld The conviction of the appellant under Section 302/34, I.P.C awarded by the lower court, but the sentence of death awarded by the court below was altered to the sentence of life imprisonment from a death sentence.
