By – Aditi Gupta
The court ruled that it must carefully review the dying declaration to make sure it is reliable, logical, and given free from biases.
According to the Supreme Court, a confession made prior to one’s death, if recognized by the court, may serve as the sole basis for an accused person’s conviction without additional proof. This was stated by the Supreme Court on May 15 at a petition hearing. In addition, a 22-year-old case in Beed, Maharashtra, saw the Supreme Court uphold the conviction of a former army member for the murder of his wife.
The court said that it must carefully review the dying statement to make sure it is trustworthy, consistent, and given free from biases. The court held that the dying say could serve as the sole basis for a conviction in the absence of any other evidence, if it proves to be authentic and the court concurs. A bench made up of Justices Abhay S. Oka and Ujjal Bhuiyan said during the petition hearing that in order to accept a deathbed statement, the court must be certain that it was provided voluntarily and free from compulsion. The final words have a sacred aspect to them and may serve as the sole basis for faith.
The woman was cruelly treated by her husband, brother-in-law, and other family members, the prosecution lawyer claimed in court. The woman was assaulted on the day of the incident by her husband and brother-in-law. She was then burned by having kerosene poured over her, having her hands bound with a gamchha, her legs covered with a towel, and her mouth sealed with a rag. The incident left the woman severely burnt. After the woman’s neighbours brought her to the hospital, she recorded her statement before passing away. The police then filed a case based on her statement under sections 307, 498A, 342, 323, and 504 of the IPC.
In 2008, the woman’s husband proved guilty by the trial court and given a life sentence. The culprit was also fined Rs 25,000 by the court. The Bombay High Court later affirmed the sentence as well. The guilty husband appealed the High Court’s decision to the Supreme Court. The spouse was found guilty and his sentence was upheld by the Supreme Court.