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Pradeep Bisoi @ Ranjit Bisoi v. The State of Odisha

Criminal Appeal · 2018 INSC 950Decided 10 Oct 2018
Criminal Appeal No. 1192 of 2018
Justice A.K. Sikri · Justice Ashok Bhushan

Background

The appellant was convicted under Section 304 Part II IPC and sentenced to five years' rigorous imprisonment for an acid and bomb-blast attack on the victim near a bridge in Odisha in 1990, after which the victim later died in hospital from his injuries. The Orissa High Court had dismissed his appeal against conviction. The appellant argued there were contradictions in witness testimony and that the victim's statement to police should not be treated as a dying declaration, relying on a Constitution Bench ruling (Laxman v. State of Maharashtra).

Decision Breakdown

The Supreme Court held that the victim's statement recorded by the investigating officer on 05.12.1990 was admissible under Section 32 of the Evidence Act because it concerned the cause of his death and how he was injured, and that this statement was corroborated by the medical evidence of acid and bomb-blast injuries and by the informant's testimony. The Court found the trial court and High Court had correctly appreciated the evidence and that no error was committed in convicting the appellant. The Court noted the High Court itself had observed the conviction/sentence under Section 304 Part II was already a lenient view. The appeal was dismissed and the conviction and sentence affirmed.

Lesson Learnt

A victim's statement about the cause of their death and the circumstances of the attack can be legally used as evidence (under Section 32 of the Evidence Act) even if it isn't a formal "dying declaration," as long as it is corroborated by other evidence such as medical records and eyewitness testimony.

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

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