Introduction

The Supreme Court of India's judgment in Naresh Kumar (S) v. Kalawati and Others (2021 INSC 211) addresses critical issues surrounding the admissibility and reliability of dying declarations in criminal cases. The appellant, Naresh Kumar, brother of the deceased, contested the acquittal of his sister-in-law and her husband, who were charged under Sections 498A and 302/34 of the Indian Penal Code (IPC) for the fatal burn injuries inflicted upon the deceased. This case underscores the judiciary's stance on the stringent criteria required for accepting dying declarations and the necessity of verifying the declarant's state of mind at the time of making such statements.

Summary of the Judgment

The incident in question occurred on September 17, 1991, when the deceased sustained severe burn injuries, leading to her death the following day. The prosecution's case primarily hinged on the deceased's dying declaration, asserting that she was assaulted by her sister-in-law and husband. However, the High Court acquitted the respondents, deeming the dying declaration unreliable due to inconsistencies and lack of medical certification regarding the deceased's fitness to make such a statement. The Supreme Court upheld this acquittal, emphasizing the necessity for a dying declaration to be free from doubts concerning its authenticity and the declarant's mental state.

Analysis

Precedents Cited

The judgment references several landmark cases to substantiate its reasoning:

• State Of Rajasthan v. Parthu, (2007) 12 SCC 754
• Sukanti Moharana v. State Of Orissa, (2009) 9 SCC 163
• Heeralal v. State Of Madhya Pradesh, (2009) 12 SCC 671
• State of Goa v. Sanjay Thakran, (2007) 3 SCC 755
• Paparambaka Rosamma v. State of Andhra Pradesh, (1999) 7 SCC 695

These precedents collectively emphasize the need for thorough validation of dying declarations, ensuring that such statements are voluntary, genuine, and made by an individual in a fit state of mind.

Legal Reasoning

The Supreme Court meticulously analyzed the admissibility of the dying declaration presented. It highlighted that while dying declarations are admissible under Section 32 of the Indian Evidence Act, 1872, their credibility hinges on several factors:

• The declarant's voluntary intention without coercion.
• The declarant's consciousness and fitness of mind at the time of making the statement.
• The consistency and reliability of the declaration over time.

In this case, the court observed inconsistencies in the deceased's statements and the absence of a medical certification verifying her mental state during the declaration. The vacuum in the evidence undermined the declaration's reliability, leading to the affirmation of the acquittal.

Impact

This judgment reinforces the judiciary's position on the elevated standards required for accepting dying declarations as sole evidence for conviction. It serves as a precedent for future cases, ensuring that the rights of the accused are protected against unreliable or questionable evidence. Additionally, it underscores the importance of comprehensive medical verification in cases relying on dying declarations.

Complex Concepts Simplified

Dying Declaration

A dying declaration is a statement made by a person who believes they are about to die, concerning the cause or circumstances of what they believe to be their impending death. Under Section 32 of the Indian Evidence Act, such declarations are considered admissible in court.

Admissibility Criteria

For a dying declaration to be admissible, it must meet the following criteria:

• The declarant must believe that death is imminent.
• The declaration must concern the cause or circumstances leading to the declaration of death.
• The declarant must be in a fit state of mind, possessing sound memory and perception to make the declaration.
• The statement should be made voluntarily without any coercion or undue influence.

Section 32 of the Indian Evidence Act, 1872

This section permits the inclusion of confessions and dying declarations in the body of evidence without requiring further demonstration of their reliability. However, their acceptance is contingent upon the presence of other corroborative evidence.

Conclusion

The Supreme Court's decision in Naresh Kumar (S) v. Kalawati and Others underscores the judiciary's commitment to safeguarding the integrity of evidence and ensuring that convictions are based on reliable and corroborated information. By affirming the High Court's acquittal, the Supreme Court has reiterated the stringent standards required for the acceptance of dying declarations. This judgment serves as a crucial reminder for the legal fraternity to meticulously evaluate the authenticity and consistency of such declarations, thereby upholding the principles of justice and fairness in the legal process.