JUDGEMENT SUMMARY:
Mandala Murali vs The State Of A.P.
DATE OF JUDGEMENT:
11th February 2022
JUDGES:
S.C. Sharma, J.
A.K. Shavili, J.
PARTIES:
Mandala Murali (Appellant)
The State of A.P. (Respondent)
SUBJECT
During the adjudication of criminal cases, dying declarations play a crucial role. The settled legal principle is that dying declaration should be free from the slightest of doubt and shall be of such nature as to inspire full confidence of the Court in its truthfulness and correctness. The HC of Telangana holds that a dying declaration can be the sole basis of conviction if it is true and voluntary.
AN OVERVIEW
- The Prosecution had presented the case that during the marriage of appellant and the deceased, the Appellant had taken dowry from deceased’s parents who had promised him an additional sum of money after some time. A few months after their marriage, the appellant had poured kerosene upon the deceased and sether aflame with an intention to kill her. The deceased ran out of the house and was rescued by some neighbours who took her to the hospital where she had expired.
- The Prosecution had examined 16 witnesses and marked 17 documents and 2 material objects.The witnesses, however, did not support the prosecution’s case and had turned hostile.
- The Additional Sessions Judge had convicted the Appellant for the offence punishable under Sections 498-A and 302 IPC. He was sentenced with three years of rigorous imprisonment along with fine of Rs. 100/- and a simple imprisonment for one month.
- The conviction was based solely upon Dying Declaration of the deceased by the Magistrate. The doctor had certified that the deceased was conscious, coherent and in a fit state of mind at the time when the Dying Declaration was recorded. He also endorsed that he was present at that time.
- The deceased in the present case had died within six months after her marriage. The parents of the deceased had given the Appellant a clean chit as there was no allegation about demand of dowry by them. It was also evident that the deceased had succumbed to her burn injuries. The Appellant had put forth the claim that the deceased had poured kerosene over herself and lit fire with the intention of killing herself.
IMPORTANT PROVISIONS
Indian Penal Code 1860
Section 302- Penalty for offence of murder is outlined
Section 498 A-Harassment and cruelty of husband or relative of husband of a woman towards her is penalised.
Indian Evidence Act
Section 32-Provides for the cases in which statement of relevant fact by person who is deceased or cannot be found is relevant. Dying declaration is held admissible under the section.
ISSUES
The issued which was deliberated before the court was:
- Whether the conviction could be based upon the Dying Declaration alone?
ANALYSIS OF THE JUDGMENT
1. The rule of admissibility of dying declaration as evidence was not res integra. The Court had been directed by the precedents to be very careful and cautious while convicting a person solely on the basis of Dying Declaration. However, there was no absolute law that the Dying Declaration unless corroborated would not be the sole basis of conviction.
2. In Poonam Bai v. Chhattisgarh, the Supreme Court had summed up that for the dying declaration to be the sole basis for convicting the accused,
a. It had to be trustworthy, voluntary, blemishless and reliable.
b. The person recording the dying declaration had to be satisfied that the declarant was in a fit medical condition to make the statement.
c. Unless suspicious circumstances had arose, the certification by the doctor was not even required.
d. The dying declaration had to inspire full confidence of the court.
e. For satisfaction of conscience, the recorded material could be considered with the principles regarding the acceptability of dying declarations in mind.
3. In Madan @ Madhu Patekar v. State of Maharashtra, it was held that the dying declaration would form the basis of conviction if the Court opined that the deceased was in a fit state of mind and was not tutored or prompted while being recorded. On contrary, if any suspicion arose in the mind of the Court regarding the correctness and genuineness of the dying declaration, it would not be acted without corroborative evidence.
4. The Appellant had stated that the deceased was in a fit state of mind. It was evident that the Dying Declaration was recorded by the learned Magistrate when the deceased was in full senses. Therefore, the Court had to believe the Dying Declaration she had given where she had even named the Appellant as the culprit.
5. In Vijay Mohan Singh v. State of Karnataka, the SC had held the accused guilty for the offence solely based upon the Dying Declaration. In State of Rajasthan v. Wakteng, it was held that the conviction could be based solely on the dying declaration without any corroboration if the court was satisfied that the dying declaration was true and voluntary.
6. In Paniben v. State of Gujarat, the following additional principles governing the dying declaration were laid:
a. In case it suffered infirmity such as unconsciousness of the deceased, it would not be a basis of conviction.
b. It would not be rejected on the ground that it did not contain all the details as to the occurrence.
c. It would not be discarded, even if it was just a brief statement.
d. It would be rejected if the eyewitness affirmed that the deceased was not in a fit and conscious state to make the dying declaration regardless of the medical opinion.
CONCLUSION
The SC had noted the situation of a person being on the deathbed was solemn and serene and the position of that person was also grave. Thesewere the reason in the law to accept the veracity of the dying declaration. Even the sine qua non of oath and cross-examination were dispensed with. The victim might generally be the only eyewitness in a serious crime and the exclusion of dying declaration would result in the miscarriage of justice. Therefore, the dying declaration was weighed greatly and the Trial Court’s judgment was justified.
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