Singular dying declaration enough for conviction: HC

Nagpur: A single reliable dying declaration is enough to convict perpetrators of a crime, the Nagpur bench of Bombay high court ruled on Tuesday. The court made the observation while rejecting the application of a Kanhan-based man who set his wife afire after a quarrel. The woman had given two dying declarations and oral one to her mother, immediately after the incident.The man challenged it, stating that the prosecution had failed to examine the doctor, who declared that the wife was fit to give dying declaration. However, the court declined to accept petitioner Sukhchand Bhalavi’s submissions. “There need not be multiple dying declarations. A singular dying declaration, if free from clouds of suspicion and inspires confidence, can be the basis for convicting perpetrators of crime,” a single-judge bench of justice Vinay Deshpande ruled.
The couple in question had entered into wedlock in 2006. It was the second marriage for both of them. Bhalavi’s first wife had also died after suffering burn injuries. The second wife, Kalpana, had one daughter from her first marriage and had a son from Sukhchand. Bhalavi used to work as a labourer at a saw mill.
On the fateful night of December 27, 2008, there was an argument between the couple, after Sukhchand came home drunk and demanded food. He abused Kalpana and poured kerosene on her and set her ablaze before fleeing home.
Kalpana’s mother Suman rushed to daughter’s home where the latter revealed that it was husband who set her on fire. Her mother then rushed her to Mayo Hospital and lodged a police complaint. Kalpana’s dying declaration was recorded by special executive magistrate where she again named Bhalavi. Even while writing first information report (FIR), which court considered as first declaration, she maintained the same position.
After Kalpana died on January 1, 2009, Sukhchand was booked under Section 302 of IPC and tried in the Nagpur sessions court, which awarded him life sentence.
Justice Deshpande noted that the dying declaration recorded by executive magistrate was read to the injured wife and she admitted that all contents were true. Later, her toe impression was obtained because of burning of her both the hands, which was also confirmed during post mortem.
“After perusal of two written dying declarations, it’s clear that both are consistent in nature. Further, there is an immediate disclosure by Kalpana to mother that it’s the husband who poured kerosene and set her ablaze. The evidence of all prosecution witnesses has not shattered at all during the course of their cross-examination. Therefore, we’re of view that at the appellate stage no interference is required,” the court ruled before dismissing husband’s application.