Citation: Jayamma & Anr V. The State of Karnataka, MANU/SC/0347/2021
Facts
The case revolves around Mrs. Jayamma, wife of Sanna Ramanaika ,deceased, who was burned alive by the appellant Mrs. Jayamma, wife of Reddinaika, Appellant 1 after fighting over a family matter involving alleged assault of Reddinaika, by Thippeswamynaika
,son of the deceased. This incident took place on 10/09/98. Followed by this incident the Appellant along with her son had demanded for a compensation of Rs 4000, to cover medical expenses incurred by the husband of Appellant 1. Later the deceased was poured with kerosene and burnt alive, as she cried for help, her son, daughter in law along with ther neighbour took her to a hospital in Thalak. PW-11 treated her as she suffered from burn injuries. She later recorded her statement against the respondents for causing her severe burn injuries. Based on this an FIR was filed under sections- 504, 302, 114 read with Section 34 of IPC. Later Jayamma died on 23/09/98 at 5:30 AM, as a result of burn injuries.
Issues Raised
- Whether High Court’s attempt to reverse the findings made by the trial court under due course of law, was justified under the exercise of its powers in accordance with Sec 378 of CrPc. One of the most significant questions of the case was in regards to whether High Court had the authority to reverse the findings of the trial code under the exercise of its powers under section 378 of CRPC.
- Whether the prosecution can establish that the death of the victim was caused due to homicide or suicide? Another question is raised pertaining to the case as to whether the prosecution could establish through material facts and evidence that the victims die a homicidal death at the hands of appellants.
Contentions
Statements made by the Appellant
- The High Court has given relevant reasons to reverse the findings of the trial court, for instance the court held that since few of the witnesses of the case turned hostile, the statements made by such witnesses could not have perused to value, hence cannot be relied on. This fact was overlooked by the Trial Court therefore the High Court found the need to intervene with the decree passed by the Trial Court.
- In accordance with Sec 32 of Indian Evidence act, 1872- the dying declaration could be regarded as a plausible evidence, to establish relevant facts pertaining to circumstances which ultimately led to the death of the victim. The Dying Declaration consists of statements made by the deceased, in response to relevant questions inquired by the police officer. The statement was made in the presence of PW-16, who explicitly stated that the deceased was in a sound state of mind while giving the statement.
Statements made by the Respondent
- The Respondent held that the dying declaration could be regarded as a credible evidence since it was recorded just hours after she suffered from burn injuries. References were made to para- 4 and 6 of the Order passed by the High Court, to prove that in circumstances such as this incident, the court refused to rely on the dying declaration, since it was not possible for the victim to record a statement just hours after suffering from severe burn injuries and to make accurate details pertaining to the attack suffered by them.
- It was further noted that the High Court did not provide adequate reasons, to overlook the findings of the trial court and to rely solely on the Dying Declaration, thereby failing to uphold its obligations in regards to Sec 378 of CrPc. High Court under it authority could not solely rely on the Dying Declaration, as it was not recorded following due procedure established by law. It was also observed that the son and daughter- in law of the deceased refuted the claims made by the appellants, which implies that the Dying Declaration stands contrary to the statements made by the family members of the deceased, posing serious questions regarding the accuracy of the reported events pertaining to this case.
Rationale
In view of the blurry circumstances of the case, the High Court did not just rely upon the Dying Declaration but went on to analyse various other factors of the case , stating several reasons as to why material evidence of the case was overlooked or heavily relied upon.
Firstly, it appears to the court that the statements made in the dying declaration are accurate to the extent to which it seems unreasonable for even a person in a normal person state of mind to make statement with such high degree of accuracy, even stating minute details with precision. The court also observed that the deceased could not be in a state of mind to make a statement after suffering from severe burn injuries. It seems that while she was making statements, she was heavily influenced by the police officer, considering the fact she could give an accurate description about circumstances, leading to her injuries and ultimately causing her death. The court also noted that It is not possible for the disease to make statements with such degree of accuracy when she was infused with sedatives in a high percentage, after she sucked to her burn injuries, she might have been suffering from immense pain and trauma, which clearly indicates she must not have been in the right frame of mind to make statement. The son of the diseased, Mr. XY stated that while his mother was being admitted to the hospital after the incident, she was not in a position to speak as she was in pain and agony. He further added that the deceased, his mother, could not bear to see him in jail, therefore, she attempted to take her own life. The court also held that the dying declaration could not be admissible as a material evidence pertaining to the case as the statements were recorded, only the presence of the doctor and the police officer. The police officer did not follow due procedure established by law, which implies that dying declaration must only be recorded in the presence of an executive/judicial magistrate. Furthermore dying declaration must be recorded after the doctor certifies that the patient is in a sound state of mind. Finally, it was noted that the statements made by PW – 11 and PW – 16 were contrary to one another. While PW-16, the doctor claimed that the victim could not use her hands as they were succumbed to burn injuries, PW-11, the police officer claimed that victim’s hands were safe and therefore she was able to give her thumb impression in the Dying Declaration.
Defects of Law
Supreme Court relied on statements made by PW – 11, PW – 16 and statements made by son and daughter-in-law of the deceased who establish that dying declaration could not alone be relied on to hold the appellants guilty. Furthermore statements made by prosecution witness turned hostile and it was observed that time declaration could not be admissible as a material evidence pertaining to this case, as it was not recorded and due procedure established by law. In spite of the statement of the deceased being recorded in the presence of a doctor and was recorded in response to questions enquired by the police officer, it appears to be unclear as to whether the statements made are accurate primarily because the doctor did not certify the victim to be in a fit, state of mind, to record a statement. Furthermore, it was observed that statements were not recorded in a question- answer format, as stated by the police officer. It also appears to the court that the statements could not be made with such precision if not for the police officer, who seems to have influenced the victim into making statements inclined towards only one direction. The court also held that a person is not capable to record statements , let alone speak after suffering from such burn injuries and also being induced with high percentage of sedatives. It was also observed that the statements made by the son and daughter- in law of the deceased point towards a different direction, stating that the victim could not bear too see her son in jail and therefore attempted to take her life, which indicated that the victim committed suicide which clearly indicates that her death was not a result of a homicidal death.
Inference
This case primarily focusses on how to analyse evidence- such as the Dying Declaration and the witness statements, if it poses to be contrary to one another. This case stressed on determining the key factors which shape the crux of the case- for instance when the case was brought before the Trial Court, the court dismissed the appeal made by the prosecution stating that the evidence provided was not enough to sustain the case and prove the appellants guilty. Primer the case appears to be quite simple where the court tries to rely on the dying declaration. However, after due diligence and careful examination, it was established that the case could not clearly hold the appellants guilty. Considering that the statements made by prosecution witness 11, the police officer and prosecution witness 16, Dr Thuppeswamy, were contrary to one another. Such cases provide to be a significant precedent for future cases, guiding courts to rely on various factors present within the circumstances surrounding the case. It underscores the critical importance of judicial scrutiny at all levels, highlighting that appellate courts should not automatically dismiss the findings of lower courts. Instead, they must carefully evaluate all relevant factors such as potential procedural irregularities to ensure a more just and accurate determination of the case.