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Head Note

Indian Penal Code,1860  - Section 304-B , The Indian Evidence Act, 1872  - Section 32 (1)

Dowry Death - Dying Declaration - Recorded by the Naib Tehsildar after she was informed vide a Memo by the police authorities -Said police official who delivered the Memo was never produced or examined before the Court - Naib Tehsildar deposed before the Court that fitness certificate as to mental capacity of the deceased was taken from the doctor, however, the certificate nowhere states that the deceased was in a fit and stable mental condition at the time of making the statement - Dying declaration was recorded on 20.06.2024 i.e. the same day of incident but the same was recorded at 5:45 PM and it is undisputed that the incident occurred in the morning at 8:00 AM -Dying declaration was signed by the Naib Tehsildar PW1, the doctor PW5 and thumb impression of the deceased was taken at about 5:55 PM - Dying declaration then formed the basis of the FIR on 21.06.2024 - There is no explanation as to in whose custody the said crucial piece of evidence was placed for one full day - The prosecution did not give any evidence to explain the said delay.

Indian Penal Code,1860  - Section 304-B

Dowry Death - Appreciation of Evidence - Reliance placed on alleged letters written by the deceased to her father, which were argued to be in her own handwriting but has not proved the writing of deceased - While recording the dying declaration, Naib Tehsildar deposed that the deceased was illiterate and the dying declaration was read over and explained to her - These two facts are self-contradictory and severely detrimental to the prosecution case which ought to have been explained by the prosecution - Held that two pivotal evidence i.e. dying declaration and the alleged letters having not been proved, strikes at the very root of the prosecution case. We are, therefore, of the view that the High Court rightly pointed out the lacunae in the shabby investigation of the case. Moreover, the prosecution failed to stand its ground and bring home its case - No compelling and substantial reasons to interfere with the judgment of acquittal passed by the High Court.

The Code of Criminal Procedure, 1973  - Section 32 (1)

Dying Declaration - Evidentiary Value - Held that dying declaration can be the sole basis of conviction and it does not require any corroboration - But it is equally true that dying declaration goes against the cardinal principle of law that 'evidence must be direct' - Thus, dying declaration must be judged and appreciated in light of the surrounding circumstances and its weight determined by reference to the principle governing the weighing of evidence.

Topic(s)-Dowry Death - Dying Declaration - Acquittal