Consistency Across Multiple Dying Declarations Key to Upholding Murder Conviction: Andhra Pradesh High Court

The High Court of Andhra Pradesh has upheld the conviction and life sentence of Vodde Narayanappa, affirming the judgment of the Additional Sessions Judge, Hindupur. The bench, comprising Justices K. Suresh Reddy and K. Sreenivasa Reddy, emphasized the consistency and credibility of the multiple dying declarations made by the deceased, Sunanda, which formed the crux of the prosecution’s case.

Vodde Narayanappa, the appellant, was convicted under Section 302 of the Indian Penal Code (IPC) for the murder of his wife, Sunanda. The incident occurred on October 25, 2013, when Narayanappa, in a drunken state, poured kerosene on Sunanda and set her ablaze following a domestic quarrel. Despite initial medical treatment, Sunanda succumbed to her injuries a few days later. The case was built primarily on her dying declarations recorded by various authorities, including police officers and magistrates.

The court placed significant emphasis on the dying declarations made by Sunanda to multiple witnesses, including P.W.11 (Head Constable), P.W.13 (Junior Civil Judge), P.W.14 (Mandal Executive Magistrate), and P.W.20 (Sub Inspector of Police). The declarations were consistent in detailing how Narayanappa set her on fire following a quarrel. Justice K. Sreenivasa Reddy noted, “The declarations, recorded independently by different officials, are uniform and point unequivocally to the appellant’s guilt. They are devoid of any indications of tutoring or external influence.”

In assessing the reliability of the dying declarations, the court cited precedents that establish the conditions under which such statements can form the sole basis for conviction. Referring to the principles laid out in the landmark case of Kushal Rao v. State of Bombay, the judgment reiterated that a dying declaration, if found true and trustworthy, does not require corroboration for a conviction. “Each case must be judged on its own merits, and in this instance, the consistency and coherence of the declarations affirm their reliability,” the bench stated.

The medical evidence corroborated the dying declarations. The post-mortem report by P.W.15 confirmed that Sunanda died due to toxemia resulting from burn injuries. Furthermore, the court noted the suspicious conduct of Narayanappa, who absconded after seeing the video-recorded dying declaration during the trial, indicating his consciousness of guilt.

Justice K. Sreenivasa Reddy remarked, “The consistency across multiple dying declarations recorded independently adds substantial weight to the prosecution’s case. The absence of any significant discrepancies or indications of fabrication underscores their reliability.”

The High Court’s dismissal of Narayanappa’s appeal reinforces the judiciary’s stance on the evidentiary value of dying declarations. By affirming the lower court’s judgment, the decision underscores the importance of truthful and consistent statements made by victims in their final moments. This ruling is expected to have a significant impact on future cases involving dying declarations, providing a robust precedent for their admissibility and reliability in securing convictions.

Date of Decision: 31^st July 2024

Vodde Narayanappa v. State of Andhra Pradesh