Trustworthy dying declaration in absence of strong proof of motive not fatal to prosecution case: SC

New Delhi, Jan 15 (PTI) The Supreme Court on Thursday said that direct evidence in the form of a credible and trustworthy dying declaration in the absence of strong proof of motive is not fatal to the prosecution case.

A bench of justices BV Nagarathna and R Mahadevan, which overturned the acquittal of Chaman Lal accused of murdering his wife Saro Devi by pouring kerosene on her and putting her on fire, said that motive assumes significance, primarily in cases based on circumstantial evidence.

The top court upheld the trial court judgement which convicted him of murder charges and set aside the Himachal Pradesh High Court order acquitting him by doubting the dying declaration.

The high court had doubted the dying declaration on two grounds - an alleged inconsistency with respect to the time at which the statement was recorded, and a doubt as to whether tehsildar-cum-executive magistrate of Chamba district himself recorded the statement or merely dictated it.

The top court said in its opinion neither ground taken by the high court is sustainable.

"Motive assumes significance, primarily in cases based on circumstantial evidence. Where there is direct evidence in the form of a credible and trustworthy dying declaration, the absence of strong proof of motive is not fatal to the prosecution case," the bench said.

It said in the present case, the evidence on record discloses that the respondent (Chaman Lal) subjected the deceased (wife) to frequent quarrels, humiliation and verbal abuse, including branding her a "Kanjri" (woman of bad character) and repeatedly asking her to leave the matrimonial home.

Justice Mahadevan, who penned the verdict on behalf of the bench, said the dying declaration itself refers to persistent matrimonial discord and ill-treatment thereby furnishing a plausible background for the commission of the offence.

"In any event, the prosecution is not required to establish motive with mathematical precision and failure to conclusively prove motive does not weaken an otherwise reliable and cogent case," the top court said.

It said upon an overall appraisal of the evidence, we are satisfied that the dying declaration of Saro Devi is voluntary, truthful and reliable.

"It was recorded by a competent authority at a time when the deceased was conscious, oriented and capable of making a statement. The minor discrepancies highlighted by the high court do not create any dent in the credibility of the dying declaration. Therefore, the prosecution has proved beyond reasonable doubt that the respondent committed the offence punishable under Section 302 IPC," the bench said.

It held that the trial court correctly relied upon the dying declaration and the surrounding circumstances to record the conviction of the respondent while the high court erred in discarding this crucial piece of evidence on speculative and hyper-technical grounds and in placing undue reliance on the testimonies of hostile and defence witnesses.

The top court allowed the appeal filed by the state government and directed the accused to surrender forthwith to undergo the remaining sentence, failing which the trial Court shall take appropriate steps in accordance with law.

The case of the prosecution is that on December 7, 2009, Chaman Lal allegedly poured kerosene on Saro Devi at their residence situated in village Rampur of district Chamba in Himachal Pradesh and set her on fire by lighting a matchstick.

She was rushed to hospital but later succumbed to severe burn injuries. PTI MNL ZMN