Dying declaration : even if discrepancies exist, holds substantial evidentiary value for convicting

Supreme Court Upholds High Court Conviction Based on Dying Declaration. Jemaben's appeal dismissed; dying declaration and corroborative evidence pivotal in conviction for murder

In a significant ruling, the Supreme Court of India has upheld the conviction of Jemaben by the Gujarat High Court, emphasizing the evidentiary value of a dying declaration corroborated by independent documentary evidence. The judgment, delivered by a bench comprising Justices Rajesh Bindal and Vipul M. Pancholi, dismissed Jemaben's appeal against her conviction under Section 302 of the Indian Penal Code (IPC) for the murder of Leelaben, her niece-in-law.

The case stemmed from an incident on the night of November 29-30, 2004, when Leelaben and her young son were set ablaze in their hut. Leelaben suffered 100% burn injuries and succumbed to these injuries on December 4, 2004. Her sister, Geetaben, filed a complaint leading to an investigation and the subsequent trial of Jemaben and a co-accused.

The trial court initially acquitted the accused, citing discrepancies in the dying declarations made by Leelaben. However, the Gujarat High Court overturned this acquittal, convicting Jemaben based on the dying declaration made to Dr. Shivrambhai Patel, an independent witness, and other corroborative evidence such as medical certificates and the panchnama.

In her appeal, Jemaben argued that the prosecution's case was fraught with inconsistencies, but the Supreme Court found that the dying declaration, corroborated by medical and documentary evidence, held substantial weight. The Court noted that minor discrepancies in the declarations did not detract from their overall evidentiary value, especially when supported by the testimony of the attending doctor and the panchnama findings.

The Supreme Court highlighted that the High Court had correctly relied on the landmark judgment in Nallam Veera Stayanandam v. Public Prosecutor, High Court of A.P., which underscores the importance of dying declarations in the judicial process. The bench concluded that the High Court's decision to set aside the trial court's acquittal was justified and found no merit in Jemaben's appeal, leading to its dismissal.

Bottom Line:

Dying declaration supported by independent documentary evidence, even if discrepancies exist, holds substantial evidentiary value in convicting the accused.

Statutory provision(s): Indian Penal Code, 1860 Section 302, Sections 302, 307, 436, 34, 120(b) of the IPC, Section 135 of the Bombay Police Act, 1951.

Jemaben v. State of Gujarat, (SC) : Law Finder Doc id # 2800556