in [AIR 1988 SC 2154], and further this Court observed as follows
in paragraph 13 (per
M.N. Venkatachaliah, J. as he then was):-
“13.…….. Doubts would be called reasonable if
they are free from a zest for abstract speculation. Law
cannot afford any favourite other than truth. To
constitute reasonable doubt, it must be free from an
over emotional response. Doubts must be actual and
substantial doubts as to the guilt of the accused person
arising from the evidence, or from the lack of it, as
opposed to mere vague apprehensions. A reasonable
doubt is not an imaginary, trivial or a merely possible
doubt; but a fair doubt based upon reason and
common-sense. It must grow out of the evidence in the
case……..”
15. In Gurbachan Singh Vs. Satpal Singh reported in [AIR
1990 SC 209], this Court observed at the end of para 4 as follows:-
“4.……There is a higher standard of proof in
criminal cases than in civil cases, but there is no
absolute standard in either of the cases. See the
observations of Lord Denning in Bater v. Bater, (1950)
2 All ER 458 at p.459, but the doubt must be of a
reasonable man. The standard adopted must be the
standard adopted by a prudent man which, of course,
may vary from case to case, circumstances to
circumstances. Exaggerated devotion to the rule of
benefit of doubt must not nurture fanciful doubts or
lingering suspicions and thereby destroy social
defence. Justice cannot be made sterile on the plea that
it is better to let hundred guilty escape than punish an
innocent. Letting guilty escape is not doing justice,
according to law.”
JUDGMENT16. These propositions have been consistently followed by
this Court in Gangadhar Behera Vs. State of Orissa reported in
[AIR 2002 SC 3633], Sucha Singh Vs. State of Punjab reported
in [2003 (7) SCC 643] and Lakhan Vs. State of Madhya
Pradesh reported in [2010 (8) SCC 514].
Hence, the Conclusion:
17. Thus as can be seen, by enacting Section 32 (1) in the
Evidence Act, the legislature has accorded a special sanctity to the
statement made by a dying person as to the cause of his own death.
This is by virtue of the solemn occasion when the statement is
made. Besides, when the statement is made at the earliest
opportunity without any influence being brought on the dying
person, there is absolutely no reason to take any other view for the
cause of his or her death. The statement has to be accepted as the
relevant and truthful one, revealing the circumstances which
resulted into his death. Absence of any corroboration can not take
away its relevance. Exaggerated doubts, on account of absence of
corroboration, will only lead to unmerited acquittals, causing grave
harm to the cause of justice and ultimately to the social fabric. With
the incidents of wives being set on fire, very unfortunately JUDGMENT continuing to occur in our society, it is expected from the Courts that
they approach such situations very carefully, giving due respect to
the dying declarations, and not being swayed by fanciful doubts.
18. In the present case there are two dying declarations
recorded at the earliest opportunity. They contained the motive for
the crime, and the reasons as to why the deceased suffered the
burn injuries viz., the greed of the appellant to which the deceased
had refused to succumb. As far as her statements viz., that the
appellant had poured kerosene and set her on fire is concerned,
there is no reason to discard it considering the fact that it was made
at the earliest opportunity and on a solemn occasion. The defence
put up a story which is totally inconsistent with the facts which have
come on record, and is a clear afterthought and therefore
unacceptable. In fact this case clearly shows an attempt to put up a
totally false defence. The prosecution has undoubtedly proved its
case beyond any reasonable doubt.
19. In view of the above legal position and facts on record, we
see no reason to interfere in the judgment and order rendered by
the learned Sessions Judge as modified and confirmed by the High
Court. JUDGMENT 20. The appeal is, therefore, dismissed.
( A.K. Patnaik )
( H.L. Gokhale )
New Delhi Dated: January 31, 2013