New Delhi: There can be a conviction based solely upon the dying declaration without corroboration, the Supreme Court said on Tuesday while setting aside a verdict of the Allahabad High Court which had acquitted a woman’s father-in-law and brother-in-law of the charge of murdering her by setting her ablaze.
The apex court, while relying on the victim’s dying declaration which was recorded by a magistrate, restored the trial court verdict which had convicted and sentenced both the accused to life imprisonment.
A bench of Justices M R Shah and B V Nagarathna said there was no reason to doubt the dying declaration recorded by the magistrate in which the victim had specifically stated that the accused had set fire to her due to feud over demanding money.
It said the reasoning given by the high court not to rely upon the dying declaration recorded by the magistrate is not germane and cannot be accepted .
The top court delivered the verdict on an appeal filed by Uttar Pradesh challenging the high court’s May 2020 order.
We see no reason to doubt the dying declaration recorded by the magistrate on December 22, 2011 in which the deceased specifically stated that at 11 am due to the feud over demanding money, respondents accused have burned her after pouring kerosene over her, the bench said.
The apex court also dealt with the aspect of whether in the absence of any corroborative evidence, there can be a conviction relying upon the dying declaration only.
Referring to some earlier verdicts delivered by the top court, the bench said it was specifically observed and held that there is neither a rule of law nor of prudence to the effect that a dying declaration cannot be acted upon without a corroboration.