Gujarat High Court Reaffirms Acquittal in Double Murder Over Evidence Concerns

By- Ganesh Vajrapu, Alliance University

The Gujarat High Court upheld the acquittal of an accused in a 1997 double murder case, describing the necessity for corroboration in oral dying declarations[1]. The bench, comprising Justices Ilesh J Vohra and Niral R Mehta[2], highlighted that while oral dying declarations can form the basis for a conviction, they must be meticulously examined for their truthfulness, voluntariness, and the declarant’s state of mind.
The case revolved around the murders of Ranchhod Bhai and his son Arvind, who were reportedly abducted and assaulted by the accused. Before his death, Arvind named his attackers in an oral declaration to the police. However, this declaration was not documented in writing, raising questions about its reliability[3].
The trial court had previously acquitted the accused, expressing doubts about the reliability of the oral declaration. The court cited a lack of corroborative evidence and the absence of eyewitness testimony as key reasons for the acquittal. The trial court’s decision was based on the principle that a conviction must be supported by concrete evidence, especially when the case relies heavily on an oral statement made under distressing circumstances. Upon review, the Gujarat High Court found the trial court’s reasoning to be sound and upheld the acquittal. The high court concurred with the lower court’s assessment that the oral declaration alone, without corroborative evidence, was insufficient to secure a conviction[4].

References Used

[1] Section 32 of the Indian Evidence Act.
[2] Farhats, The legal affair. Available at: https://thelegalaffair.com/news/gujarat-high-court-upholds-acquittal-in-1997-murder-case-emphasizes-need-for-corroboration-of-oral-dying-declarations/#:~:text=The%20Gujarat%20High%20Court%2C%20after%20a%20thorough%20examination,is%20prudent%20for%20courts%20to%20seek%20corroborating%20evidence. (Accessed: 10 June 2024).
[3] Section 164 of the Criminal Procedure Code (CrPC)
[4] Singh, B. (2024) Oral dying declaration can form basis for conviction if deponent of fit mind and truthful, but prudent to look for corroboration: Gujarat HC, Live Law. Available at: https://www.livelaw.in/high-court/gujarat-high-court/gujarat-high-court-oral-dying-declaration-can-form-basis-conviction-deponent-fit-condition-make-declaration-found-truthful-259909 (Accessed: 10 June 2024).