1999 (8) TMI 973 - SC - Indian Laws

Summary

Issues Involved:
1. Credibility of the dying declaration.
2. Alleged discrepancies between multiple dying declarations.
3. Influence of external parties on the dying declarations.
4. Testimony of the deceased's parents.
5. Mental soundness of the deceased.
6. Legal implications of using statements recorded under Section 161 of the Code of Criminal Procedure.
7. Benefit of doubt and acquittal.

Detailed Analysis:

1. Credibility of the Dying Declaration:
The judgment emphasizes the necessity of scrutinizing dying declarations with meticulous circumspection due to their inherent weaknesses, as they are not made under oath or in the presence of the accused, and cannot be tested by cross-examination. The court reiterates that dying declarations should be subjected to very close scrutiny to ensure their reliability.

2. Alleged Discrepancies Between Multiple Dying Declarations:
The court identified a significant contradiction between the two dying declarations (Ext.P-11 and Ext.P-14) given by Lakshmi Devi. Ext.P-14 stated that she was set on fire while lighting a stove, whereas Ext.P-11 mentioned she was set on fire while sweeping. This material divergence was not adequately addressed by the High Court, which failed to reconcile the discrepancies, thus affecting the credibility of the declarations.

3. Influence of External Parties on the Dying Declarations:
The judgment notes that neighbors testified about two cousins of the deceased allegedly brainwashing her at the hospital. The defense maintained that these cousins had personal vendettas against the appellant, which could have influenced the dying declarations. This potential external influence further undermines the credibility of the declarations.

4. Testimony of the Deceased's Parents:
The parents of the deceased (PW-7 and PW-8) testified that their daughter initially told them she caught fire while cooking milk. The prosecution did not cross-examine them, and their testimony, which contradicted the dying declarations, was binding on the prosecution. The High Court's dismissal of this crucial evidence was deemed inappropriate by the Supreme Court.

5. Mental Soundness of the Deceased:
The court considered the evidence provided by the deceased's parents regarding her mental instability. Given the slight doubt about her mental soundness, the court found it unsafe to base a conviction solely on her dying declarations.

6. Legal Implications of Using Statements Recorded Under Section 161 of the Code of Criminal Procedure:
The judgment highlights that Section 162 of the Code of Criminal Procedure restricts the use of statements recorded under Section 161, except for contradicting the witness. The High Court's reliance on these statements without proper questioning in court was deemed a violation of legal procedures.

7. Benefit of Doubt and Acquittal:
The Supreme Court concluded that the dying declarations did not withstand scrutiny and were too fragile to base a conviction upon. Consequently, the appellant was given the benefit of doubt and acquitted. The court also extended this benefit to the appellant's mother, Narayanamma, who had not filed an appeal, to prevent a miscarriage of justice.

Conclusion:
The Supreme Court set aside the conviction and sentence of both the appellant and his mother, directing their release unless required in any other case. The judgment underscores the importance of rigorous scrutiny of dying declarations and adherence to legal procedures to ensure justice.