2013 (7) TMI 1169 - SC - Indian Laws

Summary

Issues involved: Appeal against conviction under Section 302 of the Indian Penal Code based on dying declaration.

Details of the judgment:
1. Facts and Circumstances: The case involved the death of Guddi due to burn injuries, with a dying declaration accusing the mother-in-law of setting her on fire. The prosecution presented witnesses and evidence to support the case.

2. Reliability of Dying Declaration: The courts relied on the dying declaration of Guddi, recorded by Dr. Nirmal Kumar Gupta and witnessed by staff nurse Merry Kutti Michael. The defense challenged the admissibility of the dying declaration due to the unavailability of the original document.

3. Secondary Evidence: The original dying declaration was not traceable, so the prosecution was allowed to present secondary evidence. The Trial Court granted permission for this based on the provisions of Sections 63 and 65 of the Indian Evidence Act 1872.

4. Legal Precedents: The Supreme Court referred to previous cases to establish the admissibility and reliability of dying declarations, emphasizing the importance of the mental state of the deceased at the time of recording the statement.

5. Judicial Analysis: The courts below found the Appellant guilty based on the evidence presented, including the dying declaration and medical testimony. The defense's explanation was deemed insufficient, leading to the dismissal of the appeal.

Conclusion: The appeal lacked merit, and the conviction under Section 302 of the Indian Penal Code was upheld, resulting in the dismissal of the appeal.