HC upholds order based on account of man with 98% burns

Time of India

3 days ago

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Kolkata: Even with 98% burn injuries, if a victim's multiple dying declarations were consistent and coherent, they alone could be the basis of conviction, the Calcutta High Court said on Thursday, upholding the life sentence of a man convicted in the murder of a Beleghata resident, who was set on fire after being doused in kerosene, in 2017.
The division bench of Justice Rajarshi Bharadwaj and Justice Apurba Sinha Ray held: "Even if there are multiple dying declarations, the court should consider whether they are consistent or not. If inconsistent, the court should ask for corroboration. Otherwise, if the dying declarations, due to their coherence and unblemished nature, can inspire confidence... they can be relied upon by court without further corroboration.
"
In this case, convict Avijit Chatterjee alias Abhijit Chatterjee alias Ramu's fate depended on proving the dying declarations by victim Sanjoy Halder as the actual evidence.
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Halder sold toys at Sarkar Bazar near Phoolbagan. On Jan 21, 2013, his wife Jharna and one of their two sons found him unconscious and burnt at a pond near their home. The family claimed he attempted suicide but their statements were ruled out as they did not see whether Halder self-immolated or if three persons doused him in kerosene and set him ablaze, as he claimed in his dying declarations.
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Halder gave two dying declarations: one to the doctor, to whom he mentioned the oil being poured on him and another to police, whom he told the culprits' names—Madhu, Phuchka and Avijit. He also told police about an altercation that had led to the incident.
"To rely upon a dying declaration, the court has to ascertain whether the victim was mentally fit and alert… It is true that in the second declaration, there is no certificate that the victim was conscious and alert to make such a statement, but as the doctor, a few minutes back, had noted the down patient's mental alertness, the non-recording of the mental condition in the second declaration cannot be treated as a serious lacuna in the prosecution case," the HC held.
The court added to ascertain from a dying declaration, courts have to find out whether or not the patient was conscious and alert to make such a statement. Halder could mention his name, father's name, age and address, showing he was mentally alert.
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