Mere non- obtainment of medical fitness certificate will not deter Court from considering a properly recorded statement under Section 161 CrPC to be dying declaration, says Supreme Court while upholding conviction for murder
Justices Surya Kant & KV Viswanathan [08-07-2024]

Read Order: Dharmendra Kumar @ Dhamma v. State of Madhya Pradesh [SC- Criminal Appeal No. 2806/ 2024]

LE Correspondent

New Delhi, July 18, 2024: The Supreme Court has dismissed an appeal filed by a man convicted for murder under Section 302 read with Section 34 of the Indian Penal Code (IPC), while appreciating that the Investigating Officer recorded the statement of the injured victim, who later died, instantly, a day after the incident.

The case pertains to a brutal incident that occurred on the night of June 20, 2004, in Bhopal, Madhya Pradesh, resulting in the death of two individuals, Devi Singh @ Tillu and Tularam. The prosecution's case heavily relied on the testimonies of two eyewitnesses, Usha Bai (PW-10) and Lallu Vishwakarma (PW-11). According to their statements, the incident unfolded when Usha Bai was overseeing the construction of her hut's wall by Tillu and Tularam. The accused, Ahmad and his wife, Kanija Bi, arrived at the scene and objected to the construction. The situation escalated when other accused persons, including the appellant Dharmendra @ Dhamma, joined and began verbally abusing and physically assaulting Tillu and Tularam.

The eyewitnesses testified that Tillu sought refuge in a nearby unoccupied hut belonging to Bhairav Shastri. However, the accused forcibly entered the hut, with Dharmendra @ Dhamma inflicting a knife blow to Tillu's abdomen. Tularam attempted to intervene but was also subjected to severe attacks. Both victims were rushed to the hospital, where Tillu succumbed to his injuries, and Tularam passed away five days later.

The Supreme Court, in its detailed judgment, addressed various contentions raised by the appellant's counsel. The court found no substantial contradictions or discrepancies in the prosecution's case that would warrant overturning the conviction. The presence of the appellant at the scene of the crime and his active participation in the assault were established through the consistent testimonies of the eyewitnesses, corroborated by medical evidence and the recovery of the weapon used in the crime.

The top court also dismissed the argument regarding the inconclusive blood group classification on the recovered knife, stating that it is incumbent upon the accused to provide an explanation regarding the presence of human blood on the weapon and thatthe Appellant failed to do so.

“It is important in this case to appreciate that the Investigating Officer recorded the statement instantly, a day after the incident,” the top court noted in the judgement, adding that Tularam was able to convey his statement properly. Furthermore, on perusal of the statement, it is clear that the declarant Tularam was in a fit condition as not only did he properly explain the incident but has also markedly specified the role of the Appellant, the apex court held.

“From the above discussion, it is manifest that the mere non- obtainment of a medical fitness certificate will not deter this Court from considering a properly recorded statement under Section 161 CrPC to be a dying declaration,” the Bench observed.

The Supreme Court thereby was satisfied that there are no contradictions or discrepancies in the prosecution case of such a nature that would compel the court to take a view different than that of the Trial Court and the High Court. The appeal was thus dismissed.