HC strikes down lower court's dying-declaration verdict

Sets a precedent where a dying-declaration can be challenged on grounds of 'trustworthiness'

PTI | June 21, 2011



In a unique verdict, the Nagpur bench of the Bombay High Court has ruled that shouting by a person on his death bed cannot fit into what can be called as a "dying declaration".

A division bench comprising AH Joshi and UV Bakre was recently hearing a plea filed by Subhash Hiwale and his mother Hausabai (residents of Shirpur in Buldhana) against a lifer awarded to them by the Buldhana Sessions Court. B Kalabai Hiwale was another accused in the case.

Subhash's father Pundalik, who was the fourth accused, died during the trial.

According to defence lawyer Rajendra Daga, who pleaded for the petitioners, Subhash (30) was in a live-in relationship with the deceased Vimal who was 10 years older than him. She was abandoned by her husband and had a 10-year old son. As talks of their relationship spread in the village, Subhash was pressurised by his parents to either marry Vimal or end their association.

However, the main accused was not keen on marrying Vimal and told her to end their illegitimate relation.Subsequently, arguments ensued between them and continued for a while.

On April 3, 2003, Vimal suddenly rushed out of her house and started shouting in front of the neighbours that the accused had allegedly administered her poison (Endosulphan).

Subhash later took Vimal to the nearest hospital where she breathed her last. An FIR was registered five days later on April 9 by the Chikhli police station where the cause of death was mentioned as "accidental".

After investigating the case for about two months, the cops formally registered an offence of murder and arrested the three accused on June 9, 2003. They were later produced before the sessions court which awarded them life imprisonment on October 6, 2004.

The petitioners then challenged this decision in the High Court through their lawyer. They contended that though the incident was of April 3, 2003, the FIR was lodged two months later and delay was not explained.

The judges observed that a dying declaration is a statement made by a person who is not on oath, not made before the court and not put to acid test of cross-examination.

"Even the court doesn't have the chance to observe the tenor and demeanour of witness. The dying declaration has to be trustworthy and free from suspicion whatsoever," it said.

The court stated that in absence of proof of trustworthiness of a dying declaration, even recorded by the magistrate, would have its own limitations.

The court set aside the Buldhana court's ruling by arriving at the conclusion that "shouting by Vimal in itself was not a statement made by the deceased on the brink of doorsteps of death, to any particular individual so that it fits into the term dying-declaration."

Comments

 

Other News

Master sculptor recalls the making of the Shankaracharya statue

The Golden Chisel: The Story Behind the Making of Ram Lalla  By Seethalakshmi S. and Rahul Nandan Rupa Publications, 168 pages, Rs 395  

Mumbai’s missing affordable homes

Mumbai’s real estate market keeps growing, yet homeownership remains out of reach for much of its population. Three experts – urban researcher Hussain Indorewala, urban planner Vidyadhar Phatak and developer Kamlesh Thakur of NAREDCO Maharashtra, agree that simply constructing more apartments

Rubio denies US foreknowledge of Starlink restrictions in Ukraine

US secretary of state Marco Rubio has said he was unfamiliar with the Wall Street Journal report suggesting Elon Musk had decided to throttle Starlink services in Ukraine, but rejected claims that Washington had ordered the restrictions to pressure Kyiv.   “There was no

Can AI change India’s breast cancer story?

Breast cancer has become a public-health challenge in India. The greatest opportunity is to find cancers earlier. Artificial intelligence (AI) is opening a new era in breast cancer detection. AI systems can analyse mammograms and other breast-imaging studies, identify subtle abnormalities and assist radi

Farm stability in the time of climate change

Indian agriculture is experiencing significant climate volatility, while the world economy seems to be in a highly volatile situation. Economic indices from various countries show that they need to recalibrate their strategies to withstand economic headwinds. In such a challenging situation, a country li

El Niño threatens India’s Rabi crops

India’s southwest monsoon ended with a 13% rainfall deficit in 2026, its weakest performance in a decade, raising concerns over agricultural production, water security and the upcoming rabi season. With El Niño expected to persist into early 2027, experts warn that declining soil moisture, dep

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter