Brief Facts
- The present case arises out of an incident dated 31.03.1995, wherein Smt. Chanda Soni sustained extensive burn injuries at her residence. On the same day, she gave a parcha bayan to the police stating that due to long-standing matrimonial disputes with her husband, she poured kerosene upon herself and set herself on fire, and that the respondent Ramlal Swami arrived thereafter, poured water on her, and attempted to save her. On the basis of this statement, an FIR under Section 302 IPC was registered.
- Subsequently, while undergoing treatment at SMS Hospital, Jaipur, a second dying declaration dated 11.04.1995 was recorded by a Judicial Magistrate, wherein the deceased alleged for the first time that the respondent forcibly poured kerosene on her and set her ablaze over a property dispute, though she simultaneously stated that the respondent attempted to extinguish the fire and took her to the hospital. The deceased succumbed to burn injuries on 30.04.1995.
- After trial, the Ld. Trial Court acquitted the respondent on 06.07.1998, holding that the prosecution failed to prove its case beyond reasonable doubt, particularly in view of material contradictions between the two dying declarations and unreliable eyewitness testimony.
- Hence, state filed present appeal.
Issues
- Whether dying declaration can be relied upon when it is not free from any kind of inconsistency, contradictions etc?
Held
- The Court, while examining the scope of interference under Sections 378(1) & 378(3) of the Code of Criminal Procedure, 1973, the evidentiary value of multiple dying declarations, and the settled principles governing appeals against acquittal, and while considering the law laid down by the Supreme Court in State of Uttarakhand v. Sanjay Ram Tamta (2025) 3 SCC 433 and Abhishek Sharma v. State (Govt. of NCT of Delhi), 2023 SCC OnLine SC 1633,held that no case for interference with the judgment of acquittal was made out and consequently dismissed the appeal filed by the State, affirming the acquittal of the respondent-accused. The Court opined the following:
- The law in regard to the dying declaration is well settled by the hon’ble Supreme Court according to which the dying declaration should be free from any kind of inconsistency, contradictions etc. and must be sufficient enough to prove the guilt of the accused.
Relevant Para No.
- 21