CRIMINAL LAWYER: DEATH OF MARRIED WOMEN - MURDER (SEC 302 IPC) ACCUSED HUSBAND ACQUITTED BY THE SUPREME COURT - LAPSES IN DYING DECLARATION.

SUPREME COURT OF INDIA

BENCH: S.A BOBDE (J) & DEEPAK GUPTA (J) 

APRIL, 2019

The dying declaration solely can be basis for convicting the accused as the maker of the statement at the time of death presumed to speak truth - as no person can meet their maker with lie in his mouth- or no one would lie at the time of dying.

The SC has ruled recently in the matter titled as " Sompat Babso Kale vs State of Maharashtra", while dealing with development of law on the issue of Dying Declaration - held that Doctor has to record the satisfaction about the competency of the deceased to record dying declaration before recording it.

In the present case the SC acquitted the accused - as the Doctor albeit recorded satisfaction about the deceased competency to make statement but it was recorded after the dying declaration was already recorded by him. That was the one of the main reason for discarding the dying declaration.

Also the SC while looking at other circumstances held that for married lady, in normal cause, Mangulsutra and other wearables are inalienable - no married lady generally removes it. But in the present case the same were lying on the cot, before deceased died due to burning, which shows that it was suicide.

The material witnesses, i.e. the neighbour, who took the deceased to the hospital, were not examined.

Dying declaration was also not believed as it was given when the deceased sustained 98% burn injuries, it was improbable that after suffering from that much burn injuries a person was in a condition to make dying declaration. On the said aspects the SC acquitted the accused.

In the present case the Trial Court had acquitted the accused but the High Court had convicted the accused. On the appeal of the accused the Supreme Court had set aside the order of HC and set the accused free of charges.