INTRODUCTION:
The High Court of Bombay-Nagpur Bench passed a judgement on 14 June 2023. In the case of SHAHRUKH SALIM PATHAN AND OTHERS Vs THE STATE OF MAHARASHTRA AND ANR IN CRIMINAL APPEAL NO. 355 OF 2016 which was passed by a single bench comprising of HONOURABLE SHRI JUSTICE V. V. KANKANWADI, HONOURABLE SHRI JUSTICE ABHAY S. WAGHWASE cases involving murder often present complex challenges for the courts in determining the guilt or innocence of the accused. One critical aspect of such cases is the evaluation of dying declarations, which can serve as crucial evidence in establishing the circumstances surrounding the crime. In this blog post, we delve into a fictional murder case and analyse the evidentiary value of the dying declarations, the laws involved, and the final judgment.
FACTS OF THE CASE
The case under scrutiny revolves around the alleged murder of a woman, the deceased, who suffered severe burn injuries and subsequently succumbed to them. The prosecution has charged three individuals, the deceased’s husband, mother-in-law, and sister-in-law, with the offense of murder under Section 302 of the Indian Penal Code (IPC).
The prosecution’s version:
According to the prosecution’s case, the deceased was subjected to continuous harassment and abuse by her husband and in-laws. It is alleged that on the fateful day, a heated argument erupted between the deceased and her husband, which escalated into a physical altercation. The prosecution claims that the husband, in a fit of rage, poured kerosene on the deceased and set her ablaze. The mother-in-law and sister-in-law are accused of aiding and abetting the crime.
Two dying declarations form a significant part of the prosecution’s evidence. The first dying declaration was recorded approximately 12 hours after the incident by a doctor at the Civil Hospital. It is a brief account of the events, presented in a question-and-answer format. The second dying declaration was recorded two days later by a police official and provides a more detailed narrative of the events leading to the burns suffered by the deceased.
LAWS INVOLVED
In cases involving dying declarations, certain legal principles guide their assessment. As established by various judgments, a dying declaration can be the sole basis for conviction if it is found to be reliable, consistent, and devoid of any suspicion of tutoring or influence. Factors such as the opportunity of the dying person to observe the incident, their capacity to remember and narrate the facts, the consistency of the statement, and whether it was made without external influence are crucial in determining the reliability of a dying declaration.
ANALYSIS
Upon analyzing the two dying declarations in this case, several discrepancies and doubts come to light. The first dying declaration was recorded after a significant delay, lacks authentication, and raises concerns regarding its authenticity and voluntariness. In contrast, the second dying declaration, recorded by a police official, provides a detailed account of the alleged abuse and violence suffered by the deceased.
The court’s evaluation:
The court must carefully assess the veracity and reliability of the dying declarations, considering the inconsistencies and doubts surrounding them. Additionally, the court must evaluate the other evidence presented by the prosecution, such as medical testimony and corroborative evidence, to determine the guilt or innocence of the accused.
CONCLUSION:
The judgment and order of conviction in the murder case involve a complex analysis of dying declarations and other pieces of evidence. The conflicting nature of the dying declarations, along with the discrepancies in their recording, raise doubts about their reliability. However, the prosecution has presented medical evidence and witness testimonies that support the allegations made in the dying declarations. The court’s decision emphasizes the importance of evaluating all available evidence to arrive at a just and fair conclusion in criminal cases.
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JUDGEMENT REVIEWED BY VETHIKA D PORWAL, BMS COLLEGE OF LAW
