Karnataka High Court Stresses Importance of Proper Dying Declaration Format
The Karnataka High Court has acquitted a man who was previously sentenced to life imprisonment for allegedly setting a woman on fire. The court delivered this significant ruling while emphasizing critical guidelines for recording dying declarations.
Court Questions Validity of Two-Page Statement
A bench comprising Justices H P Sandesh and Venkatesh Naik T heard the appeal challenging the trial court's verdict. The judges scrutinized the evidence, particularly focusing on the victim's dying declaration.
The victim had sustained severe 85% burn injuries in an incident dating back to March 2014. Before succumbing to her injuries, she provided a detailed two-page statement. However, the High Court found this declaration "shrouded with doubts" and not "wholly trustworthy."
Key Guidelines Issued by the Bench
The court laid down clear principles for recording dying declarations:
- Dying declarations should preferably be recorded in a question and answer format.
- The exact words spoken by the injured person must be reproduced as accurately as possible.
- Such statements must be kept short, concise, and to the point.
- It is essential to confirm the victim's mental and physical fitness before recording any statement.
The bench explicitly stated, "It is 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."
Doubts Over Victim's Fitness and Statement Reliability
The court raised serious concerns about the circumstances under which the two-page declaration was recorded:
- Lack of Fitness Confirmation: No medical verification confirmed that the victim, with 85% burns, was in a fit mental state to give a coherent statement.
- Physical Capacity Questioned: The extensive injuries cast doubt on her physical ability to speak and provide such a lengthy account.
- Motive Not Established: The prosecution argued the man had an illicit relationship with the victim and set her ablaze, but witnesses and even the victim's parents did not corroborate this motive. The court noted that "motive is a double-edged weapon" which can lead to false implications.
While a dying declaration can serve as the sole basis for conviction, the court stressed it must be "wholly reliable, voluntary and truthful" and given when the victim is in a fit condition.
Legal Arguments and Final Ruling
Advocate Sharath J M, representing the accused, argued that the trial court's judgment was not in accordance with the law. He pointed out that the prosecution's witnesses did not support their case, the motive remained unestablished, and the dying declaration did not follow the prescribed format.
Additional State Public Prosecutor Rashmi Jadhav, appearing for the state, acknowledged that the accused did not dispute the victim's death from burn injuries. She contended that the case relied on the victim's dying declaration and supporting medical evidence.
After reviewing all arguments, the High Court allowed the man's appeal. The bench set aside the life imprisonment sentence and acquitted him of murder charges under Section 302 of the Indian Penal Code. The order was passed on January 14, overturning the trial court's earlier decision which had also imposed a fine of Rs 10,000.
This ruling underscores the judiciary's careful scrutiny of evidence in criminal cases, particularly when relying on dying declarations as pivotal proof.
