Previous Statement Of Deceased Admissible U/S 32 (1) Evidence Act If It Relates To Cause Of Death; Expectation Of Death Not Necessary: Allahabad HC

The Allahabad High Court has observed that in the event of the death of the victim, the statement made by her/his to any living person becomes relevant and admissible in evidence under Section 32 of the Indian Evidence Act if the same relates to cause of her/his death. From a perusal of the facts and the evidence brought in the case, the Court held that it was established by the prosecution that the accused had mens-rea to kidnap and abduct the deceased persons for obtaining a ransom, and for this purpose, first of all, they prepared a plan and in furtherance of the plan, the accused Pawan Mishra called the boys for employment purposes and when they came to Agra they were killed and thereafter buried. Essentially, the defence counsel argued that since the dead bodies were in such a state that no person could have recognized them and it was not proved beyond reasonable doubt that these two dead bodies were of Amar @ Jeewan Sharma and Victor @ Potan The Court observed that the dead bodies were recovered upon the pointing of accused persons, especially on the pointing of the accused Pawan Mishra, who had called the deceased to Agra for giving them employment. Further, the Court observed that the conversation between the informant and the deceased with regard to their reaching Agra for employment and with regard to the fact that the latter was received by the accused Pawan Mishra, and that both the deceased boys stayed in the hotel arranged by the accused and that the accused demanded of ransom everything is part of the same transaction and thus, the same would be relevant and admissible in evidence under Section 6 of The Indian Evidence Act. In this regard, the Court was of the view that the information given by the deceased persons before their death to the informant was admissible in evidence against the accused persons under Section 32 of the Indian Evidence Act as the same would be termed as their dying declaration and it was immaterial that they were not under an expectation of death when they made such statements to the informant.