It is a well settled proposition of law that in a given case where there is only a dying declaration and if it has inspired the confidence of the court, there cannot be any impediment for the court to render the judgment of conviction, the Madras High Court has said.
A Division Bench comprising Justices M.Chockalingam and M.Sathyanararanan was upholding the life sentence awarded by a lower court to two persons in a case of murder.
The prosecution case, registered by the Inspector of Police, Netapakkam Circle, Puducherry, was that Rajendran got married to Thulasi 10 years ago. They had three children. However, Rajendran and his mother Kuppammal suspecting Thulasi's fidelity harassed and abused her.
In September 2007, kerosene was poured on Thulasi and she was set ablaze. Relying solely on the dying declaration, III Additional Sessions Judge, Puducherry, awarded life imprisonment to Rajendran and Kuppammal.
Challenging the lower court's verdict, the appellants contended that the victim who had sustained 80 per cent burns and whose left hand had been fully covered with cloth bandage could not have affixed her left thumb impression in the dying declaration. They argued that it was a case of suicide.
In its judgment, the Bench referred to the doctor's statement that she was fit enough to give her dying declaration and affix her left thumb impression. In this case, nothing was noticed by the court which would go against the prosecution case. The Bench dismissed the appeal.
