Doctor's Opinion On Victim's Consciousness Prevails Over Police Assessment In Evaluating Dying Declaration: Supreme Court

The Supreme Court has upheld the conviction of a husband for committing the murder of his wife based on her dying declaration, noting that a mere discrepancy in the investigation officer's statements would not discredit the dying declaration when the doctor has approved the deceased's fit state of mind to give statements.

A bench of Justices Pankaj Mithal and S.V.N. Bhatti dismissed the husband's appeal, upholding the Karnataka High Court's judgment to convict him for the offences of murder (Section 302 IPC) and Cruelty (Section 498-A IPC).

The prosecution's case was that on the fateful night, a quarrel started between the couple, leading to the setting ablaze of the deceased wife by the Appellant-husband upon pouring kerosene over her.

The deceased was taken to the hospital, where the Doctor approved the deceased's fit state of mind to give the dying declaration, which was duly recorded by the investigation officer.

The authenticity of the dying declaration was questioned by the Appellant-defence, arguing about the inconsistency in the testimony of the investigation officer, who had deposed that the deceased was in an unconscious state and not in a position to speak, thereby leading to no credible evidence to prove that the appellant had committed the offence as alleged.

Aggrieved by the High Court's decision to reverse the trial court's decision to acquit him, the Appellant appealed to the Supreme Court.

Affirming the High Court's decision, the judgment authored by Justice Mithal observed that once the doctor had certified the deceased's fit of mind to give dying declaration, the investigation officer's statement to the contrary would be overridden by the doctor's certification to the deceased's conscious state of mind to make dying declaration.

“The Trial Court was not justified in acquitting the appellant on slight discrepancies in the statements of some of the witnesses, particularly. PW-16 is the police inspector who conducted the investigation. He might have deposed that the deceased was not in a conscious state of mind but that would not override the statement of the doctors who treated the deceased, especially the one who was on duty and had permitted the police to record the statement of the deceased on being satisfied that she was in a fit condition to make a statement.”, the court observed.

“…we are of the opinion that the High Court is perfectly justified in the facts and circumstances of the case that the appellant is guilty of commission of offences both under Sections 498A and 302 IPC and has rightly been convicted and sentenced to the imprisonment awarded.”, the court held.

Accordingly, the appeal was dismissed.

Cause Title: SUBRAMANI VERSUS STATE OF KARNATAKA

Citation : 2026 LiveLaw (SC) 255

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Appearance:

For Appellant(s) : Mr. Shekhar G Devasa, Sr. Adv.(argued by) Mr. Manish Tiwari, Adv. Mrs. Thashmitha Muthanna, Adv. Mr. Rakesh Kini, Adv. Mr. Shashi Bhushan Nagar, Adv. M/S. Devasa & Co., AOR

For Respondent(s) Mr. Sanchit Garga, AOR (argued by) Mr. Kunal Rana, Adv. Mr. Shashwat Jaiswal, Adv. Ms. Aarohi Garg, Adv.