Authentic dying declaration can be sole basis for conviction without any corroboration: SC

PTI, Jun 1, 2024, 3:59 PM IST

The Supreme Court has ruled that an authentic dying declaration can stand as the sole basis for convicting an accused, provided it inspires confidence in its credibility and consistency. On May 15, the apex court upheld the conviction of ex-army personnel who murdered his wife, a police constable, in Maharashtra’s Beed district 22 years ago.

The bench, consisting of Justices Abhay S. Oka and Ujjal Bhuyan, emphasized the need for careful scrutiny of dying declarations to ensure they are voluntary and untutored. Once validated, such declarations hold significant sanctity and can independently support a conviction.

In this case, the victim accused her husband and brother-in-law of subjecting her to cruelty and subsequently setting her on fire. Despite receiving medical aid and providing a dying declaration at the hospital, she succumbed to her injuries. The trial court convicted the husband, a verdict later upheld by the Bombay High Court. The Supreme Court, after sieving through the evidence, has now reinforced this decision, directing the appellant to surrender within two weeks.