SC upholds conviction in murder case, says dying declaration supported by evidence

New Delhi, Oct 29 (PTI) The Supreme Court on Wednesday upheld the conviction of a woman for killing one of her relatives by setting her ablaze in 2004, saying the victim's dying declaration before the doctor was supported by other evidence.

A bench of Justices Rajesh Bindal and Vipul M Pancholi dismissed the appeal challenging a July 2016 order of the Gujarat High Court which convicted the woman for the offence of murder and sentenced her to life imprisonment.

The bench noted that it has emerged from the record that when the victim was brought to the hospital, she narrated the incident before the doctor in which she specifically stated that "my aunt-in-law, Jemaben poured kerosene on me and set ablaze".

"Thus, from the aforesaid evidence led by the prosecution, it is revealed that the dying declaration given by the deceased before the doctor is supported by other evidence led by the prosecution," the bench said.

The apex court said the victim had sustained 100 per cent burn injuries.

It said the four-year-old son of the victim was sleeping beside her and he sustained 10-12 per cent burn injuries in the incident.

"Thus, the theory of accidental fire at the place of incident put forward by the appellant/accused cannot be believed," it said.

The bench said that merely because there were minor discrepancies in the version given by the prosecution witness with regard to the dying declaration and regarding the manner of occurrence of the incident, the first dying declaration given by the victim before the doctor, an independent witness, cannot be ignored.

"The first dying declaration is supported by the independent documentary evidence, and therefore, the high court has rightly placed reliance upon the decision rendered by this court in the case of... and thereby, rightly set aside the order of acquittal rendered by the trial court qua the appellant/accused," it said.

The appellant's counsel had contended before the top court that the prosecution's case rests primarily on the dying declaration given by the victim, but there were major discrepancies in the story put forward by the police.

The counsel had argued that because there were major discrepancies in the three dying declarations, the trial court had acquitted the appellant by giving her the benefit of doubt.

While dismissing the appeal, the bench said the high court had rightly set aside the trial court's order acquitting the appellant in the case.

According to the prosecution, the appellant along with another co-accused had entered into a criminal conspiracy to kill the victim and her son.

It was alleged that in the intervening night of November 29-30, 2004, when the victim and her son were sleeping in the hut, the accused set her ablaze.

The victim received severe burn injuries and was taken to a hospital where she succumbed.

The trial court had acquitted both the accused, mainly on the ground that there were discrepancies in three dying declarations given by the victim.

The state had challenged the trial court's order before the high court, which convicted the appellant for the offence of murder. PTI ABA RT