Supreme Court rules that consistent and reliable dying declarations can form the sole basis for conviction, even with minor discrepancies in later statements
IF A DYING PERSON GIVES MULTIPLE STATEMENTS ABOUT THEIR ATTACK WITH SOME MINOR DIFFERENCES, CAN THE COURT STILL CONVICT THE ACCUSED BASED ON THE EARLIEST AND MOST RELIABLE STATEMENT?
YES, THE SUPREME COURT HAS RULED THAT CONSISTENT AND RELIABLE DYING DECLARATIONS CAN FORM THE SOLE BASIS FOR CONVICTION, EVEN IF THERE ARE MINOR DISCREPANCIES IN LATER STATEMENTS.
The court emphasized that each dying declaration must be evaluated independently based on its intrinsic reliability, surrounding evidence, and the circumstances under which it was made. When the first declaration is credible and corroborated by other evidence, minor inconsistencies in subsequent statements do not automatically invalidate the core accusation.
Incident: Leelaben and her son were attacked while sleeping in their hut. Appellant Jemaben poured kerosene and set Leelaben ablaze.
First Dying Declaration: Leelaben gave statement to Dr. Shivramhbhai Nagarbhai Patel (PW-3) specifically naming Jemaben as attacker and describing motive.
Death: Leelaben succumbed to 100% burn injuries at Civil Hospital, Palanpur.
FIR Registered: Complaint filed by Gectaben (PW-1), sister of deceased.
Trial Court Acquittal: Additional Sessions Judge acquitted both accused citing discrepancies in three dying declarations.
High Court Conviction: Gujarat High Court overturned acquittal, convicted Jemaben under Section 302 IPC.
Supreme Court Affirmation: Upheld High Court conviction, established principles for multiple dying declarations.
| Legal Test | What It Means | Application in This Case |
|---|---|---|
| Independence Test | Each declaration evaluated on its own merit | First declaration to doctor assessed separately from later statements |
| Corroboration Test | Physical evidence supporting the declaration | Empty kerosene container, kerosene smell on body and clothes |
| Reliability Test | Declaration must be trustworthy and credible | Doctor certified victim was conscious and oriented |
| Consistency Test | Core allegations must remain consistent | Identity of attacker and method of attack consistent across declarations |
A statement made by a person about the cause or circumstances of their death, considered highly reliable in law.
Additional evidence that confirms or supports the main evidence, making it more credible.
The worth or importance of evidence in proving facts in a legal proceeding.
A documentary record of evidence recovery or scene inspection, prepared in presence of witnesses.
Latin for "guilty mind" - the mental element or intention behind a criminal act.
"The solemn words of a dying person, uttered in the shadow of mortality, carry a weight that transcends minor inconsistencies. When the first cry of accusation is clear, consistent, and corroborated by physical evidence, justice must not be lost in the labyrinth of peripheral variations. The law must discern between the essence of truth and the natural imperfections of human recollection under trauma, ensuring that credible evidence prevails over inconsequential discrepancies."
This judgment reinforces that the Indian justice system balances rigorous evidential standards with practical understanding of human circumstances. It ensures that technical discrepancies do not defeat substantive justice when core allegations remain consistent and supported by evidence.
This content is for informational purposes only and does not constitute legal advice. Consult a qualified legal professional for specific legal guidance. The information provided is based on judicial interpretation and may be subject to changes in law.
Making Supreme Court judgments accessible and actionable for every Indian citizen navigating legal challenges.
This roadmap decodes a complex criminal appeal involving multiple dying declarations to help citizens understand how courts evaluate such critical evidence and ensure that justice is served even in challenging circumstances where the main witness is no longer available.