Daktar Bhoi Vs. State of Odisha, 2025
The subject is to check the validity of informal dying declarations and reliance on res gestae in a murder case.
Judgement Details
Court
Orissa High Court
Date of Decision
8 April 2025
Judges
Justice Sangam Kumar Sahoo ⦁ Justice Savitri Ratho
Citation
Acts / Provisions
Facts of the Case
-
On 28.06.2009, an ASI received a tip-off about a murder in village Damkipali.
-
The informant, son of the deceased, lodged a written report stating that his father was tied and stabbed with a Trishul by the appellant (his own brother).
-
The dead body was packed in a gunny bag, transported on a bicycle, and taken towards the jungle.
-
An FIR was registered under Sections 302/201 IPC, and after investigation, a chargesheet was filed against the appellant and his wife.
-
The Trial Court convicted the appellant and acquitted the wife.
Issues
-
Whether the oral utterance of the deceased during the incident qualifies as a valid dying declaration?
-
Whether minor discrepancies in witness statements affect the credibility of the prosecution case?
-
Whether the conviction under Sections 302/201 IPC was justified based on the evidence?
Judgement
-
The Division Bench of Justice Sangam Kumar Sahoo and Justice Savitri Ratho upheld the conviction.
-
The Court ruled that even a spontaneous cry for help, naming the assailant, can constitute a dying declaration.
-
The Court emphasized that a person in acute agony is not expected to lie, and such statements can be relied upon without requiring corroboration, provided the Court is satisfied about its veracity and voluntariness.
-
It also accepted the explanations for discrepancies in witness statements due to age-related hearing differences and affirmed their reliability.
Held
-
The dying declaration, though not addressed to any specific person, was held valid and admissible.
-
The conviction under Sections 302 and 201 IPC was found to be justified and based on reliable evidence, including eyewitness testimony, medical evidence, and res gestae statements.
-
The appeal was dismissed.
Analysis
-
This case expands the scope of what may constitute a dying declaration, moving beyond formal statements to spontaneous exclamations made in the face of imminent death.
-
The Court invoked legal realism, acknowledging human factors like age-related hearing loss (presbycusis) to justify differences in witness statements.
-
Reliance on the res gestae doctrine under Section 6 of the Evidence Act helped bolster the immediacy and credibility of the witnesses’ disclosures.
-
The ruling reinforces that technical objections (e.g., absence of a formal address in dying declaration) must not override substantive justice, especially where motive, conduct, and evidence clearly establish guilt.