Shubhani Mittal | Vivekananda Global University | 14th January 2020
PURSHOTTAM CHOPRA V. STATE
Facts-
On hearing screams of Sher Singh and noticing smoke from a building, lot of
people gathered and noticed he was ablaze with his entire body covered in fire.
After seeing this, they made efforts to put out the flames by throwing water on
him.
On hearing the information regarding the incident, police officers shifted the injured person to Safdarjung Hospital for treatment. He gave his personal information to the concerned officers and narrated the whole situation which led to his current situation. He accused Purshottam and Suresh for his condition.
After doctor certified that the patient was fit to make the statements, further statement were recorded. After giving his name and address, he stated that he purchased bottle of liquor from Suresh, who had an oil depot ; he drank such liquor; Suresh poured kerosene oil over him and and lit him aflame, during this Purshottam was also present.
On the basis of the statement made by Sher Singh, the accuses were arrested the same day. The next day, information of Sher Singh was received. According to the post-moterm report, the cause of death was due to shock consequent to 100% ante-mortem flame burns.
Learned counsel appearing on the behalf of the appellants argued that;
1) The conviction of the appellant is based only on the speculation and respondent failed to proved his identity.
2) Liquor consumed by the deceased is falsified by the post-motem report stating that there were no traces of alcohol in the body of the deceased.
3)Considering the value and worth of dying declaration, it was recorded when the deceased was suffering 100% deep burns involving whole of the body and the nature of the injury was grievous; and thumbs of the deceased were burnt.
Thus, the thumb impression of the deceased is falsified, the dying declaration is worthless and doesn’t have any value as it appears to be doctored and manipulated. The alleged dying declarations cannot be relied upon; and that being the sole basis of conviction, the impugned judgments should be set aside.
Judgement –
In this case the victim suffered 100% burns on his body and was in a critical condition, further to that his condition was deteriorating. It was contented that, in such a condition, he was not in a position to make proper, coherent and intelligible statement.
Rejecting this contention, the bench observed that:
“Irrespective of the extent and gravity of burn injuries, when the doctor had certified him to be in fit state of mind to make the statement; and the person recording the statement was also satisfied about his fitness for making such statement; and when there does not appear any inherent or apparent defect, in our view, the dying declaration cannot be discarded. Contra to what has been argued on behalf of the appellants, we are of the view that the juristic theory regarding acceptability of statement made by a person who is at the point of death has its fundamentals in the recognition that at the terminal point of life, every motive to falsehood is removed or silenced. To a fire victim like that of present case, the gravity of injuries is an obvious indicator towards the diminishing hope of life in the victim; and on the accepted principles, acceleration of diminishing of hope of life could only obliterate the likelihood of falsehood or improper motive. Of course, it may not lead to the principle that gravity of injury would itself lead to trustworthiness of the dying declaration. As noticed, there could still be some inherent defect4 for which a statement, even if recorded as dying declaration, cannot be relied upon without corroboration. Suffice would be to observe to present purpose that merely for 100% burn injuries, it cannot be said that the victim was incapable to make a statement which could be acted upon as dying declaration.”
Further,
the bench has also summarized principles relating to recording of dying
declaration and its admissibility and reliability enunciated
in various judgements :
i) A dying declaration could be the sole basis of conviction even without
corroboration, if it inspires confidence of the Court.
ii) The Court should be satisfied that the declarant was in a fit state of mind at the time of making the statement; and that it was a voluntary statement, which was not the result of tutoring, prompting or imagination.
iii) Where a dying declaration is suspicious or is suffering from any infirmity such as want of fit state of mind of the declarant or of like nature, it should not be acted upon without corroborative evidence.
iv) When the eye-witnesses affirm that the deceased was not in a fit and conscious state to make the statement, the medical opinion cannot prevail.
v) The law does not provide as to who could record dying declaration nor there is any prescribed format or procedure for the same but the person recording dying declaration must be satisfied that the maker is in a fit state of mind and is capable of making the statement .
vi) Although presence of a Magistrate is not absolutely necessary for recording of a dying declaration but to ensure authenticity and credibility, it is expected that a Magistrate be requested to record such dying declaration and/or attestation be obtained from other persons present at the time of recording the dying declaration.
vii) As regards a burns case, the percentage and degree of burns would not, by itself, be decisive of the credibility of dying declaration; and the decisive factor would be the quality of evidence about the fit and conscious state of the declarant to make the statement.
viii) If after careful scrutiny, the Court
finds the statement placed as dying declaration to be voluntary and also finds
it coherent and consistent, there is no legal impediment in recording conviction
on its basis even without corroboration.
The bench, concluded that the accused were
rightly held guilty of causing death of Sher Singh by putting him on fire and
have also rightly been convicted for the offence under Section 302/34 IPC
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