Mysterious dying declaration: Convict acquitted by HC

NT Correspondent

Bengaluru: The High Court of Karnataka has set aside the conviction of a 59-year-old woman in the murder of her niece after finding that the dying declaration of the victim was shrouded in mystery. The Trial Court had found Lakshmamma, from Gowribidanur guilty for the murder of Shobha Bai in September 2012. In her dying declaration Shoba Bai had named Lakshmamma for setting her on fire.

However, the HC found that there were many inconsistencies in the dying declaration and said, “There is no fundamental rule that the moment there is any dying declaration, the accused shall be convicted based on that. The prosecution has to prove by cogent and consistent evidence that the victim was fit to give a statement and she has given such a statement. Those conditions were not established in this case.”

Setting aside her conviction, the HC ordered for her release. The HC also noted that the dying declaration was not corroborated by the other witnesses. “The trial Court without proper evaluation of the evidence only on the ground that dying declaration can be the sole ground for conviction proceed to convict the accused,” the HC said.

Lakshmamma is the aunt of Shobha Bai and allegedly there was illwill between the two over some issues. Shobha had given her daughter-inlaw Rs.5,000 out of which Rs.1,000 was stolen. On September 21, 2012, Shobha Bai was abusing the unknown person who had stolen the money. Lakshmamma picked up a quarrel alleging that Shobha Bai was abusing her personally. She poured kerosene on Shobha Bai and set her on fire.

Shobha Bai was shifted to a hospital where she gave her dying declaration to a head constable of police. She died on September 25 and the charge of attempt-tomurder against Lakshmamma was changed to murder. The Trial Court found Lakshmamma guilty of murder in 2019. She filed an appeal before the HC which was heard by the bench of Justice KS Mudagal and Justice Ramachandra D Huddar. The HC in its judgement noted that there were infirmities and alterations in the dying declaration.

The victim’s age was changed and while initially four assailants were mentioned later only Lakshmamma was accused. Even though the victim survived for four days after giving the dying declaration no attempt was made by the Investigating Officer to get the statement of the victim recorded through the Executive/Judicial Magistrate.