The Supreme Court upheld the conviction of a former army officer for murdering his wife, affirming that an authentic dying declaration, inspiring the court’s confidence, can independently convict without corroboration. Careful scrutiny is emphasized to ensure consistency and credibility of such declarations.
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NEW DELHI: The Supreme Court has upheld a crucial principle, affirming that an authentic dying declaration, deemed credible by the court, does not necessitate additional evidence and can suffice on its own to convict an accused. This significant decision was rendered on May 15, as the highest court upheld the conviction of a former army officer for the murder of his wife in Maharashtra’s Beed district, a case spanning over 22 years.
The Supreme Court bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, emphasized the critical importance of a dying declaration in the judicial process. The bench stated that the court must scrutinize such declarations meticulously to ensure their consistency, credibility, and freedom from external influence.
“If a dying declaration is deemed authentic and inspires confidence in the court, it can serve as the exclusive basis for conviction, without the need for corroborative evidence.”
-the court ruled.
This statement emphasizes the profound weight that the judiciary places on a dying declaration, provided it meets stringent standards of authenticity and credibility.
Dying Declaration
Section 32 (1) of the Indian Evidence Act delineates the conditions under which statements made by a person regarding the cause of their death or circumstances leading to their demise are considered relevant, especially when the cause of death is under scrutiny. These statements remain pertinent regardless of the person’s status at the time of making them, whether alive or deceased, provided they were made under the anticipation of death, irrespective of the legal proceedings involved in questioning the cause of death.
The case involved the brutal murder of a woman by her husband, a former army officer, in Beed district. The victim’s dying declaration played a pivotal role in securing the conviction, a decision now validated by the Supreme Court. The court’s ruling reiterates the legal principle that dying declarations hold a unique position in evidence law, due to the belief that a person on the verge of death is unlikely to lie.
Justice Oka, in his observation, stated-
“The court must meticulously examine the dying declaration, ensuring it is consistent, credible, and free from any form of coaching or influence.”
This careful scrutiny is essential to prevent any miscarriage of justice and to uphold the integrity of the legal process.
The bench further elaborated on the conditions under which a dying declaration can be accepted as the sole basis for conviction.
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“Nevertheless, prior to admitting such a dying declaration, the court must ascertain its voluntary nature, consistency, credibility, and absence of coaching. Once the court is convinced of these factors, significant weight is attributed to the dying declaration, making it a potential sole basis for conviction.”
-the court asserted.
This ruling has significant implications for the judicial system, particularly in cases where other forms of evidence may be scarce or unavailable. It reinforces the importance of dying declarations in securing justice and serves as a reminder to lower courts to handle such declarations with utmost care and diligence.
The Supreme Court’s decision also reflects the judiciary’s commitment to ensuring that justice is served, even in the most challenging circumstances. By upholding the conviction based on the dying declaration, the court has sent a strong message about the reliability and sanctity of such statements.
The prosecution had informed the court that the victim, a resident of Maharashtra’s Beed district, suffered severe burn injuries allegedly inflicted by her husband and his brother. The victim, who was serving as a police constable at the time, was immediately taken to the hospital by her neighbors. It was at the hospital that she recorded her dying declaration.
“After receiving the declaration, the Ambajogai police station initiated a case under several sections of the Indian Penal Code, such as Sections 307 (attempted murder) and 498A (cruelty against women).”
– stated the prosecution.
In 2008, the trial court convicted the husband, sentencing him to life imprisonment and imposing a fine of Rs 25,000. This verdict was subsequently upheld by the Bombay High Court. However, the husband then appealed to the Supreme Court, which in 2016, suspended his sentence and granted him bail, noting that he had already served nine years in jail.
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The turning point came on May 15, when the Supreme Court, hearing an appeal against the earlier suspension of the sentence, accepted the dying declaration of the deceased wife and declared the husband guilty of the crime beyond all reasonable doubt.
“The husband has been instructed to present himself before the trial court within a fortnight.”
-the court ordered.
The importance of dying declarations in legal proceedings cannot be overstated. In this instance, the victim’s statement played a pivotal role in establishing the guilt of the accused. The Supreme Court’s ruling emphasizes the trustworthiness and significance of such declarations in ensuring justice is served.