LAW FOR ALL

3 contradictory Dying declarations not proved free and fair , not proved the contents were read over and explained , not proved who recorded the translated version from Telugu to Kannada =- ends in acquittal =. Conviction can indisputably be based on a dying declaration. But before it can be acted upon, the same must be held to have been rendered voluntarily and truthfully. Consistency in the dying declaration is the relevant factor for placing full reliance thereupon. In this case, the deceased herself had taken contradictory and inconsistent stand in different dying declarations. They, therefore, should not be accepted on their face value. Caution, in this behalf, is required to be applied.” In the first dying declaration (Ex.P.12), she (deceased) stated that her husband instigated her to pour kerosene on her body, therefore, she poured the kerosene on her body and her husband further poured kerosene on her and put on fire using a match box. In the second dying declaration (Ex.P.22), she (deceased) stated that her husband along with Laxmi poured kerosene on her body and put on fire by using match stick. In the third dying declaration (Ex.P.29), she (deceased) stated that her husband poured kerosene on her and Laxmi lit the match stick and thrown upon her body. Apart from the contradictions, the credibility of three dying declarations (Ex.P.12, Ex.P.22 and Ex.P.29) is to be doubted. In the first dying declaration (Ex.P.12) dated 14th January, 2000 the thumb impression of victim has been shown. Whereas in the second dying declaration (Ex.P.22) taken on the same day, i.e, 14th January, 2000 and the third dying declaration (Ex.P.29) given on the next day, i.e., 15th January, 2000, the victim had stated that she had not given her signatures since her hand was completely burnt. Dr. Bhimappa (PW-22), who signed the Ex.P.22, in his cross-examination stated that he was not aware whether Neelamma (deceased) was talking in Telugu. Dr. Dhanjaya Kumar (PW-20), who signed Ex.P.12, in his cross-examination specifically stated that he can understand Kannada but does not know Telugu language and that Neelamma was talking in Telugu language. Padmavathi (PW-8), mother of the deceased, in her crossexamination stated that Neelamma (deceased) was not knowing the correct writing the Telugu. But she was writing some Telugu. The prosecution has failed to state as to why three dying declarations were recorded in Kannada, if the deceased, Neelamma was talking in Telugu. It has also not made clear as to who amongst the Tehisldar, PSI or SI or the Doctors who has signed in Ex.P.12, Ex.P.22 and Ex.P.29 had knowledge of Telugu and translated the same in Kannada for writing dying declarations in those exhibits and that in the bottom of three dying declarations it has not been mentioned that they were read over in Kannada and explained in Telugu that the deceased understood the contents of the same. The above mentioned facts create doubt in our mind as to the truthfulness of the contents of the dying declarations as the possibility of she being influenced by somebody in making the dying declarations cannot be ruled out. On careful perusal of the materials on record, we are unable to come to the conclusion that the prosecution in this case has established its case beyond reasonable doubt to base a conviction on the appellant. Hence, we are of the opinion that both the courts below have erred in coming to the contra conclusion. 28. For the reasons stated above, this appeal succeeds and the judgment and conviction recorded by the courts below are set aside. The appeal is allowed. The appellant, who is in jail, is directed to be released forthwith.