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Dharmendra Kumar @ Dhamma vs. State of Madhya Pradesh

Not available · 2024 INSC 480Decided 8 Jul 2024
Not available
Justice Surya Kant · Justice K.V. Viswanathan

Background

During a dispute over construction of a hut wall in Bhopal in June 2004, a group of accused persons, including the appellant, allegedly assaulted two men, Tillu and Tularam, after breaking into a neighbour's hut where Tillu had taken refuge. The appellant was accused of stabbing Tillu, while Tularam later died from his injuries. The trial court convicted the appellant under Sections 302/34 IPC (murder) and the Madhya Pradesh High Court upheld the conviction, leading to this appeal to the Supreme Court.

Decision Breakdown

The Supreme Court examined whether a statement recorded by the police under Section 161 CrPC from the injured Tularam (who later died) could be treated as a valid dying declaration, given there was no doctor's certificate confirming his fitness of mind at the time. The Court held that a medical fitness certificate is a rule of caution, not a mandatory requirement. If other evidence shows the declarant was coherent and the statement was voluntary and truthful, it can be relied upon. Since the Investigating Officer found Tularam able to clearly narrate events and specify the appellant's role, and the postmortem injuries corroborated his account, the Court found no reason to disturb the conviction and dismissed the appeal.

Lesson Learnt

A dying declaration does not become invalid merely because a doctor did not certify the declarant's fitness of mind. If the surrounding facts show the statement was made voluntarily, coherently, and truthfully, courts can still rely on it to convict.

Official source (sci.gov.in)View Judgment (PDF)

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