Sedative Drugs Like Tramadol Impact Mental Fitness Of Declarant; Bombay High Court Acquits Man Relying On Doubtful Dying Declarations

"Any lacunae or procedural irregularity in recording the dying declaration casts a serious doubt on its reliability, and in such circumstances, the benefit of doubt must be given to the accused." Bombay High Court (Aurangabad Bench), in a significant ruling, held that a conviction for murder cannot be sustained solely on multiple dying declarations that suffer from material inconsistencies and procedural lapses.

A bench of Justice Nitin B. Suryawanshi and Justice Vaishali Patil-Jadhav observed that the administration of sedatives and the presence of 96% burn injuries create substantial doubt regarding the victim’s mental fitness to provide a voluntary and truthful statement. The court set aside the life imprisonment awarded to the appellant, emphasizing that the prosecution failed to prove the case beyond reasonable doubt.

The appellant, Piraji Madhav Kumbhargave, was convicted under Section 302 of the Indian Penal Code (IPC) for allegedly setting his wife, Komal, on fire in July 2019. The prosecution claimed that the appellant poured kerosene on the deceased and ignited her because she failed to wake up early for work. After the victim succumbed to 96% burn injuries, the appellant was sentenced to life imprisonment by the Additional Sessions Judge, Biloli, based primarily on two dying declarations recorded at the hospital.

The primary question before the court was whether the two dying declarations recorded by the Executive Magistrate and the Police Head Constable were consistent, voluntary, and reliable enough to form the sole basis of conviction. The court was also called upon to determine if the victim, having suffered 96% burns and being under the influence of sedatives, was in a fit mental state to make such declarations.

Material Discrepancies In Motive And Sequence Of Events

The High Court noted glaring inconsistencies between the two dying declarations (Exhibit-61 and Exhibit-47) regarding the cause of the incident. In the first declaration recorded by the Naib Tahsildar, the deceased stated that the dispute arose following a phone call from her sister-in-law. However, in the second declaration recorded by the police, she attributed the assault to her failure to wake up and work early in the morning.

The bench observed that where the prosecution version differs from the version given in the dying declaration, such statements cannot be safely acted upon. The court emphasized that in cases involving multiple dying declarations, the judiciary must carefully scrutinize whether the statements are a result of tutoring, prompting, or imagination.

"Where there are multiple dying declarations which suffer from inconsistencies and infirmities, they cannot form the sole basis of conviction and would require corroboration."

Impact Of Sedatives And Severe Burns On Mental Fitness

The court highlighted the medical evidence which showed that the deceased had sustained 96% burn injuries and was being administered Tramadol and Cefsula. The bench noted that Tramadol is a painkiller with sedative effects that can significantly affect the mental faculty and orientation of a patient. The medical papers also indicated that the patient's general condition was poor and she was "uncooperative" and groaning in pain.

The judges found it "highly impossible" that a victim in such a state could provide a lengthy and detailed dying declaration. The court pointed out that while the doctor provided an endorsement of fitness, his testimony revealed he was standing outside the ward during the recording, and the victim's movements were described as "blink."

"Administration of medications, coupled with the trauma suffered by the deceased, adversely affect the orientation and mental fitness of the victim."

Procedural Lapses In Recording The Declarations

The bench expressed concern over the procedural irregularities committed by the recording officers. It was noted that the dying declaration recorded by the Police Head Constable was not in a question-answer format and was not in the handwriting of the officer himself. Furthermore, the person who actually wrote the declaration was never examined as a witness by the prosecution.

The court further observed that the Executive Magistrate failed to put preliminary questions to the deceased to independently ascertain her mental capacity. The bench held that any lacunae or procedural irregularity in recording a dying declaration casts a serious doubt on its reliability, particularly when the thumb impression of the deceased was not properly attested.

"The endorsement of the doctor as to the mental fitness of the victim must precede the recording of the statement; failing which, the dying declaration becomes doubtful."

Lack Of Corroborative Evidence And Hostile Witnesses

The prosecution's case was further weakened by the fact that material witnesses, including the mother of the deceased (PW-5) and a neighbor who reached the spot (PW-1), did not support the story of homicidal burning. The mother testified that she was informed the deceased’s saree caught fire accidentally while cooking. The neighbor stated that when he arrived, the victim was not in a position to speak.

The court also drew an adverse inference under Section 114(g) of the Evidence Act against the prosecution for failing to produce medical records from the initial hospital where the deceased was admitted. The bench held that in the absence of independent corroborative evidence, it would be unsafe to rely solely on inconsistent dying declarations to sustain a conviction for murder.

The High Court concluded that the dying declarations did not inspire "full confidence" and were riddled with infirmities. It ruled that the benefit of doubt must be extended to the accused when the prosecution fails to establish a cogent motive or provide reliable evidence of the victim's mental fitness. The appeal was allowed, and the appellant was ordered to be released forthwith.

Date of Decision: 07 May 2026