The bench found that the victim suffered 85% burn injuries and recorded a two-page long dying statement before she succumbed to her injuries. (Image is enhanced using AI)
Acquitting a man who was awarded life imprisonment by the trial court for allegedly setting ablaze a woman, the Karnataka High Court held that the dying declaration should preferably be in question and answer form with exact words of the injured and kept “short, concise and to the point”.
A bench of Justices H P Sandesh and Venkatesh Naik T, who were hearing an appeal of a man charged with the killing of his partner, with whom he had an alleged illicit relationship, found that the victim’s dying declaration was “shrouded with doubts” and not “wholly trustworthy”.
“A dying declaration should preferably be in question and answer form, and as far as possible, the exact words uttered by the injured must be reproduced. It is, therefore, much safer to keep the dying declaration short, concise and to the point and to pen down the questions and answers that have to be elicited from the declarant,” the court said.
Victim's Fitness to Make Statement Must Be Confirmed
85% Burns
Court suspicious of victim's mental and physical fitness to give two-page statement with extensive burn injuries
No Fitness Confirmation
Two-page dying declaration recorded without any confirmation that victim was fit to make such statement
Extensive Injuries
Victim suffered 85% burn injuries on various parts of body, raising serious capacity doubts
Mental Fitness Doubted
Court questioned victim's mental condition to give coherent statement with such severe trauma
Physical Capacity Questioned
Physical fitness to speak and provide detailed two-page declaration deemed suspicious
Karnataka HC's Assessment
Dying declaration "shrouded with doubts" and not "wholly trustworthy" due to lack of fitness confirmation and severity of injuries. Acquittal granted under IPC Section 302.
Express InfoGenIE
Findings
The court found that the death of the victim was caused by burn injuries sustained in the incident that allegedly occurred in March 2014.
In response to the state’s argument that the man had an illicit relationship with the victim and set her ablaze with a motive, the court noted that neither of the witnesses nor the parents of the victim had stated the motive.
Motive is a double-edged weapon, which may lead to false implication or the commission of a crime by one rival party against the other rival party.
Conviction cannot be placed only based on motive unless circumstance are proved.
A dying declaration is a statement, written or spoken, made by a person who believes they are about to die, explaining the circumstances or cause of their impending death, and is admissible as evidence.
The dying declaration can be the sole basis for conviction. However, such a dying declaration shall prove to be “wholly reliable, voluntary and truthful” with the victim in a fit condition to make it.
The victim’s statement is in the form of a dying declaration and runs into two pages without any confirmation that she was fit to make such a declaration.
Dying declaration in this case cannot be treated as wholly trustworthy, as it is shrouded with doubts, since the victim suffered 85% burn injuries.
The court is suspicious about the victim’s mental and physical fitness to give a statement, with her extensive burn injuries on various parts of her body.
The high court allowed the man’s appeal and set him free of the murder charges under section 302 of the IPC.
Arguments
Appearing for the man, advocate Sharath J M submitted that the trial court’s judgment and order of conviction and sentence of his client are not in accordance with law.
Sharath further argued that the prosecution has quoted neighbours of the victim as “witnesses”, but they have not supported their case.
It was also pointed out by the man’s counsel that neither the motive is established nor the alleged dying declaration is in accordance with the prescribed format.
State’s counsel, additional state public prosecutor Rashmi Jadhav, pointed out that the accused has not disputed the death of the victim, who died due to burn injuries.
Jadhav further argued that the case rests upon the dying declaration of the victim, along with the medical evidence.
Background
The victim was living with the man in the same house when she was allegedly taken to the hospital by her neighbours after suffering severe injuries in March 2014.
The man’s parents had objected to the alleged illicit relationship, which led to a scuffle between the man and the victim, according to the prosecution.
It was alleged that the man, intending to eliminate the victim, set her ablaze and fled the house.
The trial court sentenced him to life imprisonment and a fine of Rs 10,000, which the high court overturned in its January 14 order.
Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape.
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