Reliability of Dying Declarations in Murder Cases

In a recent legal case, the court delved into the crucial aspect of the reliability of dying declarations in murder cases. The case revolved around the court’s analysis of oral dying declarations, emphasizing the need for scrutiny and corroboration to establish the credibility of such evidence. This overview sheds light on the significance of oral dying declarations and how they can form the basis of conviction in criminal proceedings.

Facts

The dead body of the victim was found in a drain at Duribam Tea Estate with burnt injuries caused by hot water.
The skin of the victim was removed from the body due to burn injuries, with about 75% of the body burnt.
The accused persons were arrested on different dates after the incident.
The victim was seen ploughing the field of one of the accused persons along with them before the incident.
The trial court relied on various circumstances to hold the accused appellant guilty of murder, including the presence of the accused and the victim together before the crime.
Appellant and co-accused found guilty of murder and sentenced to life imprisonment by trial court
Deceased taken by accused persons for paddy plantation, found dead with burn injuries later
Oral dying declaration alleged to be made by deceased to PW-2, stating accused poured hot lali on him
Appellant’s counsel argues lack of reliable evidence; questions reliance on oral dying declaration
Counsel contends case is based on circumstantial evidence, lacks incriminating circumstances
Medical evidence shows deceased had 75% burn injuries and other wounds
High Court upheld trial court’s decision based on oral dying declaration and circumstantial evidence

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Analysis

The court considered the oral dying declaration made by the deceased before Hanu Khetrapal (PW-2) as reliable and inspiring confidence.
The law requires a dying declaration, oral or written, to pass a test of reliability as it is made in the absence of the accused and without the opportunity for cross-examination.
The credibility of the witness who deposes about the oral dying declaration must pass scrutiny for reliability.
The maxim ‘Nemo moriturus praesumitur mentire’ – ‘a man will not meet his maker with a lie in his mouth’ is the basis for accepting dying declarations.
The nature of the oral evidence indicates a conflict between the deceased and the accused persons inside the liquor factory, suggesting a sudden fight.
The 75% burn injuries on the deceased were believed to be caused by the accused pouring hot lali, which is an incriminating circumstance.
An oral dying declaration can form the basis of conviction.
Courts seek for corroboration as a rule of prudence.
No good reason to interfere in the present appeal
No fundamental or basic infirmity in the impugned judgment of the High Court
No interference by this Court is warranted