VidhiSangh

Supreme Court of India · 02/06/2022

UTTAM versus THE STATE OF MAHARASHTRA

[2022] 5 S.C.R. 863 · 2022 INSC 634

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Summary

A Nagpur woman died of 93% burns in March 1995, four days after being set alight at home, allegedly by her husband after a quarrel over his relationship with a neighbouring widow. The trial court convicted him of murder on two written dying declarations recorded the same afternoon by a sub-inspector and a Special Executive Magistrate and on oral dying declarations made to her father and the marriage mediator. The Bombay High Court discarded both written declarations for serious procedural lapses — no fitness certificate, doctor absent, relatives present, statement recorded by a constable and not read back — yet upheld the conviction on the oral declarations and the chemical analyser's report finding kerosene on the clothes. The Supreme Court acquitted him.

Issues

  1. How a court should appreciate multiple dying declarations, written and oral, that are inconsistent with one another, and whether a conviction can rest on oral dying declarations made to interested witnesses after the written declarations have been discarded as unreliable.
  2. Whether oral dying declarations deposed to for the first time in court by relatives whose statements were not recorded during investigation can be acted upon without corroboration.

Provisions considered

Held

Result

Appeal allowed; the judgments of the Additional Sessions Judge, Nagpur dated 29.04.1997 and of the Bombay High Court, Nagpur Bench dated 26.07.2010 in Criminal Appeal No. 149 of 1997 set aside; the appellant acquitted of the charge under Section 302 IPC and directed to be set at liberty forthwith if not required in any other case.

Judgment PDF: Supreme Court of India, [2022] 5 S.C.R. 863.