In the law of evidence, a dying declaration is a testimony that would normally be barred as hearsay but may in common law nonetheless be admitted as evidence in criminal law trials because it constituted the last words of a dying person. The rationale is that someone who is dying or believes death to be imminent would have less incentive to fabricate testimony, and as such, the hearsay statement carries with it some reliability.
Allahabad High Court in Upendra Singh @ Alalan vs the State of UP (Criminal Misc. IInd Bail Application No. 284720 of 2011 and Criminal Misc. Short Term Bail Application No. 109677 of 2012 in CRIMINAL APPEAL U/S 374 CR.P.C. No. – 1783 of 2010) learned bench led by HONOURABLE JUSTICE AMAR SARAN and HONOURABLE JUSTICE ANURAG KUMAR rejected the bail application stating that an inquiry punishment is issued against the police officer and the doctor.
This is the appellant Upendra Singh @ Allan’s second bail application in this criminal appeal, which stems from the judgment of the Additional District and Sessions Judge, convicting and sentencing the appellant to life imprisonment under section 304 B IPC, and Rs. 8000 fine, in default.
FACTS OF THE CASE: A previous Bench had dismissed the first bail plea in an order stating that the “The appellant was the deceased’s spouse, and the cause of death, according to the post mortem report, was burning and throttling. There were charges of dowry demand and torture as a result of the non-fulfillment of the dowry demand.” The second bail prayer has come up for consideration before us after being released by the previous bench.
JUDGEMENT: The Principal Secretary, Medical Health should get a thorough probe made as to whether this particular doctor Surendra Singh, has genuinely found the deceased alive at the time of recording of the alleged dying declaration exonerating the accused, or has colluded with the accused persons for showing the deceased alive when she was either dead or incapable of having made the dying declaration.
The Director-General of Police, U.P. should also get an inquiry conducted regarding the conduct of S.I. Radhey Shyam Yadav, as to whether, in the light of the DGP’s probe and in view of the circumstances suggested above this police official may have fabricated the dying declaration, which was not made by the alleged declarant at all.
The second bail application has no force and it is rejected.
JUDGEMENT REVIEWED BY RIYA DWIVEDI