In a landmark ruling, the Chhattisgarh High Court has upheld the admissibility of a self-dictated report by the deceased as a valid dying declaration under Section 32(1) of the Indian Evidence Act, 1872. The division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal delivered the judgment in Criminal Appeal No. 1126 of 2021, confirming the conviction of appellant Rajkumar Banjare under Section 302 of the Indian Penal Code (IPC) for the murder of his wife, Ombai Banjare.
Background of the Case
The case originates from an incident on December 19, 2016, in Nawapara Acharideeh, Mahasamund District, Chhattisgarh, where Ombai Banjare, wife of Rajkumar Banjare, suffered severe burn injuries. The prosecution established that the accused, Rajkumar Banjare, had subjected his wife to continuous harassment and financial demands, culminating in setting her ablaze after pouring kerosene on her body. The victim, with 85% second-degree burns, initially provided statements that were later contested by her family.
Following the incident, the victim was taken to the Government Hospital, Mahasamund, where her first two dying declarations were recorded by the police and the Naib Tahsildar, stating that she caught fire while igniting a stove. However, after concerns of witness tampering were raised by the deceased’s uncle, a third declaration was recorded by the Additional Tahsildar, Raipur, at Dr. BR Ambedkar Hospital, wherein the deceased explicitly stated that her husband was responsible for setting her ablaze.
Legal Issues Involved
Validity of Multiple Dying Declarations
The court examined the inconsistencies in the three dying declarations recorded at different points in time. While the first two declarations attributed the fire to an accident, the third unequivocally blamed the accused.
Admissibility of a Self-Dictated Report as a Dying Declaration
The deceased’s detailed statement recorded in the third dying declaration and Dehati Nalishi (informal complaint recorded at the hospital) was deemed reliable. The court ruled that a victim’s self-dictated report detailing the events leading to their death is admissible under Section 32(1) of the Indian Evidence Act.
Burden of Proof and Credibility of Statements
The defense argued that the discrepancies in multiple dying declarations created reasonable doubt. However, the prosecution contended that the third declaration, which was corroborated by the Dehati Nalishi, provided the most reliable account of the incident.
Court’s Observations and Decision
The High Court upheld the trial court’s conviction of Rajkumar Banjare under Section 302 IPC, sentencing him to life imprisonment with a fine of Rs. 1,000. The bench emphasized the evidentiary value of dying declarations, ruling:
“A statement made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, is relevant in every case in which the cause of that person’s death comes into question.”
The court also referred to the Supreme Court’s judgment in Dharam Pal v. State of Uttar Pradesh (2008) and Ashabai v. State of Maharashtra (2013), reinforcing that a dying declaration, if voluntary, reliable, and made in a fit mental state, can be the sole basis of conviction.
The judgment affirms that a victim’s self-dictated complaint, if made in a conscious state and corroborated by independent evidence, holds the same weight as a formal dying declaration recorded by a magistrate. This ruling sets a precedent in cases involving multiple dying declarations and reaffirms the primacy of a victim’s last words in judicial proceedings.
