State of Himachal Pradesh v. Chaman Lal

Citation: 2026 INSC 57

Decided on: 15 January 2026

Court: Supreme Court of India

Bench: B.V. Nagarathna J. and R. Mahadevan J.


Background

The respondent was accused of pouring kerosene on his wife, Saro Devi, and setting her on fire on 07.12.2009, causing about 70% burn injuries. She survived for over a month and succumbed on 15.01.2010. The trial court convicted the respondent under s. 302 IPC based primarily on a dying declaration recorded by a Tehsildar. The High Court reversed the conviction and acquitted the respondent, extending the benefit of doubt. The State appealed.

 

Issues Framed

1. Whether the High Court was justified in discarding the dying declaration recorded on 08.12.2009.
2. Whether the prosecution proved the guilt of the respondent beyond reasonable doubt so as to warrant restoration of conviction under S. 302 IPC.
 

Court’s Reasoning

Issue 1: Evidentiary value of the dying declaration

• Legal rule: Under s. 32(1) IEA, a dying declaration can form the sole basis of conviction if it is voluntary, truthful, and reliable; corroboration is a matter of prudence, not law.
• Application:
o The declaration was recorded by PW-1 (Tehsildar-cum-Executive Magistrate), a neutral public official, after obtaining medical certification of fitness.
o PW-1, PW-2 (brother), and PW-10 (Dy. SP) consistently testified that the deceased was conscious and oriented.
o Minor discrepancies regarding timing and the presence of police officers were held immaterial and insufficient to discredit the declaration.
• Finding: The High Court rejected the dying declaration on conjectural and hyper-technical grounds, contrary to settled law.

Issue 2: Proof of guilt and treatment of defence evidence

• Assessment of hostile/defence witnesses:
o PW-4 and PW-5, who suggested self-immolation, were rightly rejected by the trial court as their statements were hearsay, belated, and uncorroborated.
o Defence witnesses DW-1 and DW-2 lacked direct knowledge of the incident and did not rebut the dying declaration.
• Motive:
o In cases resting on direct evidence, absence of strong proof of motive is not fatal. Persistent matrimonial discord and verbal abuse, reflected in the dying declaration, provided sufficient background.
• Conclusion: The prosecution proved the offence beyond reasonable doubt; the High Court’s acquittal amounted to a perverse appreciation of evidence.
 

Decision / Disposition

The appeal was allowed. The High Court’s judgment of acquittal was set aside, and the trial court’s conviction and sentence of life imprisonment under s. 302 IPC were restored. The respondent was directed to surrender forthwith.

 

Ratio

A conviction for murder under s. 302 IPC can rest solely on a dying declaration recorded by a competent Magistrate if it is found to be voluntary, truthful, and reliable, and an appellate court commits a manifest error by discarding such a declaration on speculative or hyper-technical grounds.

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