Institute of Legal and Management Studies

The Supreme Court on Wednesday (October 29) upheld the conviction of a woman for murder, relying on the first dying declaration made by the deceased. The Court observed that even when multiple dying declarations exist, the first declaration cannot be disregarded if it is reliable, consistent, and supported by corroborative evidence.

A Bench comprising Justices Rajesh Bindal and Vipul M. Pancholi upheld the Gujarat High Court's decision that overturned the acquittal of the appellant-accused, holding that the victim's first dying declaration, made to the attending doctor, was reliable, consistent, and clearly implicated the appellant for pouring kerosene on her and setting her on fire.

The Appellant-accused argued that since there were three dying declarations made by the deceased victim that had inconsistencies, she should be given the benefit of doubt and be acquitted of the offence. However, the prosecution stated that in the case of multiple dying declarations, each dying declaration will have to be considered independently on its own merit as to its evidentiary value, and one cannot be rejected because of the contents of the other.

Dismissing the appeal, the judgment authored by Justice Pancholi observed that minor variations in subsequent dying declarations did not undermine the credibility of the first one. The Court found that the death by burning was corroborated by the medical evidence, making the first declaration the most natural, spontaneous, and reliable account of the incident.

“We are of the view that merely because there are minor discrepancies in the version given by the prosecution witness with regard to the dying declaration and with regard to the manner of occurrence of the incident, the first dying declaration given by the deceased before the independent witness, i.e., PW-3, cannot be ignored. The first dying declaration is supported by the independent documentary evidence.”, the court observed.

Accordingly, the appeal was dismissed, and the conviction was upheld.

Related - Principles To Be Followed In Case Of Multiple Dying Declarations: Supreme Court Explains

When There Are Contradictory Dying Declarations, Which One To Accept? Supreme Court Answers "Difficult Question"

Cause Title: JEMABEN Versus THE STATE OF GUJARAT

Citation : 2025 LiveLaw (SC) 1042
Click here to read/download the judgment

Appearance:

For Appellant(s) : Mr. S. C. Birla, AOR Mr. Subrat Birla, Adv.

For Respondent(s) : Ms. Swati Ghildiyal, AOR Mr. Rishi Yadav, Adv.