Case title: EBY @ Philip Ninan V. State Of Kerala.
Case no.: Crl. Appeal No.139/2017
Decided on: 02.04.2024
Quorum: Hon’ble Dr. Justice A.K.JAYASANKARAN NAMBIAR, Hon’ble Dr. Justice KAUSER EDAPPAGATH
FACTS OF THE CASE:
The case, Crl.Appeal No.139/2017, involves a conviction under section 302 of the Indian Penal Code. The victim, Elsy, refused to sell her property to the accused, leading to a dispute. The prosecution relied heavily on two dying declarations made by the victim, one to her mother and another to the Investigating Officer, implicating the accused in setting her on fire. However, the court raised concerns about the reliability and admissibility of these dying declarations due to lack of evidence regarding the victim’s mental state at the time of making them.
LEGAL PROVISIONS:
The case involves Section 302 of the Indian Penal Code (IPC), which deals with punishment for murder.
The admissibility and reliability of dying declarations are discussed, governed by Section 32 of the Indian Evidence Act.
Section 32(1) of the Evidence Act specifically addresses dying declarations, stating that statements made by a person as to the cause of their death or the circumstances of the transaction resulting in their death are admissible as evidence.
APPELLANTS CONTENTION:
The appellant vehemently argued that the so-called dying declarations cannot be considered valid in the absence of acceptable legal evidence proving the deceased’s fit mental state to make the statements. The appellant’s counsel contended that the conviction solely based on these declarations should not stand. They emphasized the lack of independent medical evidence to establish the victim’s state of mind, questioning the reliability of the dying declarations as a basis for conviction.
RESPONDENTS CONTENTION:
The learned Special Public Prosecutor representing the State of Kerala argued that the prosecution had established the case through two reliable dying declarations and other circumstantial evidence. They asserted that the victim was conscious and capable of giving the statements, defending the validity of the dying declarations. The Prosecutor emphasized that the dying declarations should not be dismissed solely due to the absence of independent medical evidence regarding the victim’s mental state.
COURT ANALYSIS AND JUDGMENT:
The court meticulously scrutinized the admissibility and reliability of the dying declarations presented in the case. They emphasized the critical requirement that the declarant must have been in a fit mental state to provide a valid declaration, as mandated by legal standards. Expressing concerns over the absence of substantial evidence confirming the victim’s mental capacity at the time of making the declarations, the court deliberated on the doubts surrounding their credibility. Consequently, the court concluded that in light of these uncertainties, the appellant deserved the benefit of doubt. Subsequently, the court allowed the appeal, overturned the conviction, acquitted the appellant of the charge under Section 302 of the IPC, and ordered their immediate release from custody.
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Judgement reviewed by – Ayush Shrivastava
Click here to read the full judgement.
