SC: Minor Variations Don’t Undermine Reliable First Dying Declaration

SC: Minor Variations Don’t Undermine Reliable First Dying Declaration

The Supreme Court in Jemaben v. State of Gujarat upheld the conviction for murder, emphasizing the primacy and reliability of the first dying declaration. The deceased, Leelaben, who suffered 100% burns, clearly named the appellant Jemaben in her initial statement to the doctor, who certified her mental fitness. The Court held that minor discrepancies in subsequent dying declarations or witness accounts do not undermine a clear, voluntary, and consistent first declaration, especially when corroborated by independent evidence. Medical findings, the smell of kerosene on the body, recovery of an empty kerosene container at the scene, and the limited burns suffered by the child sleeping beside the victim supported the prosecution’s version and ruled out accident. The Trial Court’s acquittal was deemed perverse, as the evidence led to only one reasonable conclusion—guilt. The High Court was justified in reversing the acquittal, and the Supreme Court affirmed the conviction.