THE STATE OF MADHYA PRADESH VERSUS RAMJAN KHAN & ORS., 2024 (SC) 844
Facts: On 01.10.1996, at around 1:00 pm, the respondents Ramjan Khan, Musaf Khan (also known as Musab Khan), and Habib Khanallegedly caused the death of Naseem Khan by attacking him with a sickle, axe, and stick near a village well in Karaikheda. They were charged with murder under Section 302 read with Section 34 of the Indian Penal Code (IPC). The prosecution examined 19 witnesses, including the deceased's brothers, Haseen Khan (PW-5) and Farid Khan (PW-9), who were eyewitnesses to the crime. The trial court relied on the testimonies of the deceased's brothers and mother (PW-8), who was the informant. The respondents were convicted and sentenced to life imprisonment and a fine of Rs. 35,000. However, the High Court acquitted them on appeal, leading the State to file an appeal before the Supreme Court.
Issue: Whether an oral dying declaration made to close relatives is sufficient to convict the accused?
Observation: The Supreme Court observed that while oral dying declarations made to close relatives can be admissible, the courts must exercise caution in relying on such testimony for conviction. The Court noted that in this case, there were significant discrepancies. The deceased's mother (PW-8), who claimed the deceased made an oral dying declaration to her, had not mentioned this in the FIR (Ext. P12) or her statement under Section 161 of the Cr.P.C. (Ext. D3). Furthermore, the prosecution failed to establish that the deceased was in a fit mental state to make the dying declaration when his mother reached the scene. Given these contradictions and omissions, the Court held that the oral dying declaration was unreliable. Therefore, the Supreme Court agreed with the High Court's decision to acquit the respondents and dismissed the State's appeal.
