Supreme Court Upholds Conviction in Dowry Death Case Based on Dying Declarations: Gorabai vs. State of Madhya Pradesh (20 July 2022)

Date of the Judgment: 20 July 2022
Citation: Criminal Appeal No. 1293 of 2018
Judges: Sanjiv Khanna, J., Bela M. Trivedi, J.
Can discrepancies in witness testimonies regarding a dying declaration undermine a conviction in a dowry death case? The Supreme Court of India addressed this critical question in a case where a woman and her three daughters were fatally burned. The Court examined the validity of oral and written dying declarations and their corroboration with other evidence. This judgment, delivered by a two-judge bench of Justices Sanjiv Khanna and Bela M. Trivedi, upholds the conviction of the accused based on the dying declarations of the deceased, Nandabai. Justice Sanjiv Khanna authored the judgment.

Case Background

The case revolves around the death of Nandabai and her three minor daughters, who suffered fatal burn injuries at their home on 31st July 1996. The prosecution’s case primarily relied on Nandabai’s dying declarations, both oral and written, implicating the appellants – Gorabai, Natwar, Hosilal, and others – in the crime. The motive, as presented by the prosecution, was that the appellants believed Nandabai was defaming Gorabai by suspecting her of having an illicit relationship with Nandabai’s husband, Durga Das. This led to the family members of Gorabai, namely, her grandmother Seventibai, her mother Kalabai, her father Natwar, and her uncle Hosilal, to commit the crime.

Timeline

Course of Proceedings

The trial court convicted Seventibai and Kalabai under Section 302 read with Section 147 of the Indian Penal Code, 1860, while Natwar, Hosilal, and Gorabai were convicted under Section 302 read with Section 149 and Section 147 of the Indian Penal Code, 1860. The appellants then appealed to the Supreme Court of India, challenging their conviction.

Legal Framework

The judgment primarily revolves around Section 302 of the Indian Penal Code, 1860, which deals with punishment for murder, and Sections 147 and 149 of the Indian Penal Code, 1860, which concern rioting and unlawful assembly. The court also considers the legal principles governing dying declarations, which are statements made by a person on the verge of death regarding the cause of their death. The court has relied on the dying declarations of the deceased Nandabai to come to the conclusion that the accused are guilty.

Arguments

The appellants argued that there were discrepancies in the testimonies of the witnesses regarding the oral dying declarations. Specifically, Tarabai (PW-1) stated that only Seventibai poured kerosene and Kalabai set the fire, while other witnesses implicated all the appellants. The defense contended that these inconsistencies cast doubt on the veracity of the dying declarations.

The prosecution, on the other hand, argued that the core of the dying declaration was consistent across all witnesses, with Nandabai implicating all the appellants in the crime. The prosecution also relied on the written dying declaration recorded by Ravi Shankar (PW-13), which corroborated the oral declarations. The prosecution submitted that the discrepancies in the oral dying declarations were minor and did not undermine the overall credibility of Nandabai’s statements.

Issues Framed by the Supreme Court

The Supreme Court did not frame any specific issues, but the core issue was whether the discrepancies in the witness testimonies regarding the oral dying declarations were significant enough to undermine the conviction of the accused.

Treatment of the Issue by the Court

Authorities

Judgment

The Supreme Court held that the discrepancies in the oral dying declarations were minor and did not undermine the overall credibility of Nandabai’s statements. The court noted that Tarabai (PW-1), being an illiterate villager, might not be aware of the legal significance of the physical presence of other appellants at that time. The court also emphasized that the core of the dying declaration was consistent across all witnesses, with Nandabai implicating all the appellants in the crime. The written dying declaration recorded by Ravi Shankar (PW-13) further corroborated the oral declarations.

What weighed in the mind of the Court?

The Court was primarily influenced by the consistency in the core allegations of the dying declarations, both oral and written. The Court also considered the corroborative evidence, including the testimonies of multiple witnesses and the seizure of kerosene and other articles. The Court also noted that the motive for the crime was established by the evidence on record.

The Court reasoned that while there were some differences in the details provided by the witnesses regarding the oral dying declarations, the central fact that Nandabai had accused the appellants of causing her and her daughters’ burn injuries was consistently stated by all witnesses. The Court also noted that the written dying declaration, recorded by a police officer, further supported the oral declarations. The court found that the discrepancies were minor and did not undermine the core of the dying declaration. The Court also took into account the motive for the crime, which was established by the evidence on record. The Court observed that “The alleged discrepancies as contended by the learned counsel for the appellants are minor in nature and do not, in any way, dent the court testimony of the witnesses on the oral and the recorded dying declaration of Nandabai.” The Court further stated that “Nandabai and her three daughters were subjected to restraint and thereupon were inflicted burns in the presence of other appellants is born out and proven.” The Court also noted that “In our view, in the present case, the dying declarations are fully corroborated by the evidence on record.”

Key Takeaways

• ✓ Dying declarations, both oral and written, are crucial evidence in cases of dowry death.
• ✓ Minor discrepancies in witness testimonies do not necessarily invalidate a dying declaration if the core allegations are consistent.
• ✓ Corroborative evidence plays a significant role in upholding the validity of dying declarations.
• ✓ The court will look at the intention of the witness and the context of the witness while evaluating the dying declaration.

Directions

No specific directions were given by the Supreme Court in this case.

Development of Law

The judgment reinforces the evidentiary value of dying declarations in cases of dowry death. It clarifies that minor discrepancies in witness testimonies do not invalidate a dying declaration if the core allegations are consistent and are corroborated by other evidence. The ratio decidendi of the case is that the dying declarations are fully corroborated by the evidence on record and that the minor discrepancies in the testimonies of the witnesses are not sufficient to discard the dying declarations.

Conclusion

The Supreme Court upheld the conviction of the appellants, emphasizing the importance of dying declarations and their corroboration with other evidence. The court found that the minor discrepancies in the witness testimonies were not sufficient to undermine the credibility of the dying declarations. This judgment reaffirms the legal principles governing dying declarations and their role in ensuring justice in dowry death cases.