In Brief
Two appellants were convicted of murder under Section 302 read with Section 34 IPC for setting fire to the victim, Sher Singh, using kerosene oil. The prosecution's case rested entirely on two dying declarations: one made by the victim to a doctor at hospital admission, and another recorded by a police officer hours before death. The appellants challenged these declarations, arguing the victim's 100% burn injuries rendered him unfit to speak coherently and that the absence of a magistrate invalidated the recording. The Supreme Court upheld the conviction, holding that a reliable dying declaration can form the sole basis of conviction, regardless of burn severity, provided the declarant was mentally fit—a condition satisfied here by medical certification and the declarations' specificity and internal consistency.
The lawyer headnote and full judgment text are available to registered users.