SC Upholds Murder Conviction Based on Credible Forensic Evidence and Doctor’s Dying Declaration

SC Upholds Murder Conviction Based on Credible Forensic Evidence and Doctor’s Dying Declaration

The present appeal was filed against the High Court’s judgment that overturned the trial court’s acquittal and convicted the appellant, Jemaben, under Section 302 IPC for the murder of her niece-in-law, Leelaben. The prosecution alleged that Jemaben conspired with one Bherabhai Majirana to kill Leelaben and her son. On the night of 29-30 November 2004, while Leelaben and her son slept in their hut, the accused poured kerosene on Leelaben and set her on fire. Leelaben sustained 100% burn injuries and later died, while her four-year-old son suffered minor burns. The trial court acquitted both accused, citing inconsistencies in three dying declarations.

The State appealed, and the High Court convicted Jemaben, relying primarily on the testimony of Dr. Shivrambhai Patel (PW-3), who recorded the deceased’s first statement at the hospital. The doctor confirmed that Leelaben was conscious and named Jemaben as the assailant, giving a motive that the accused wanted her to accompany a man named Mania Dabhawala.

HC Held: The High Court held that the trial court erred in ignoring this credible and medically certified dying declaration, which was corroborated by physical and documentary evidence.

Main Issue: Whether the High Court was correct in relying on the deceased’s first dying declaration to convict the accused for murder, despite minor inconsistencies in later statements.

SC Held: The Hon’ble Apex Court upheld the High Court’s decision convicting Jemaben for murder under Section 302 IPC. The Court observed that the first dying declaration made to the doctor was clear, voluntary, and corroborated by material evidence such as the smell of kerosene on the deceased’s clothes, the presence of an empty kerosene container at the scene, and the minor burns on her son, who slept beside her. These factors ruled out any theory of accidental fire.

The Bench reiterated that minor discrepancies among multiple dying declarations cannot dilute the probative value of a consistent and credible first declaration recorded by an independent witness. Referring to Nallam Veera Stayanandam v. Public Prosecutor (2004), the Court held that the court below was justified in setting aside the acquittal, as only one view consistent with the evidence was possible.

The appeal was dismissed, upholding the life sentence imposed on the accused.

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