Case: Muniappan Vs. State of Madras

that it was proper to take the thumb impression on the statement as it had been made. The Sub-Inspector should have left the document as it was, without taking the thumb mark of the dead man, but we do not feel compelled to hold that he did so out of any improper motive, inasmuch as he had noted that the man was dead before the thumb impression was taken. That also was his testimony in court, and that of the attesting witnesses. The fact, however, remains that the dying declaration was interrupted by death ensuing suddenly. The question is whether this dying declaration is admissible in evidence.5. The learned counsel for the appellant has relied on a case of the Privy Council from Jamaica reported in Cyril Waugh v. The King, 1950 AC 203. In that case, one Phillip Newby was shot and he made a dying declaration which was taken down but which was not complete because Newby suddenly fell into a coma from which he never recovered. The Privy Council ruled out that dying declaration on the ground that being incomplete it could not be taken into account after ignoring the last sentence which was incomplete because in the middle of it Newby fell into a coma and died. That dying declaration, if examined clearly shows that Newby had not charged any person by name but had described his assailant as "a man". In the sentence which was incomplete in his statement Newby had begun to say "The man had an old grudge for me simply because . . .." It is quite clear that if that sentence had been completed a clue would have been furnished as to the identity of the assailant by the facts about the old grudge which Newby wanted to disclose. The dying declaration, therefore, was an incomplete statement and in so far as it went, had no value unless it was completed by some other evidence which of course would not have been a part of Newbys statement. The reason for excluding that dying declaration was, therefore, quite clear, and if the present dying declaration can be said to be of a similar character, then the argument of the counsel for the appellant must prevail.6. The dying declaration in the present case was as follows:-"Sir,This day 24th January, 1960 in the noon at 12-30 Muniappan, son of Kola Goundan of Kannankurichi stabbed me in my body with knife.Soon after the said these words, his speech stopped. His life was gone.(Left thumb impression of) Elumalai.Witness :-1. (Signed in Tamil) Muthusami Udayar.2. (Signed) K. R. Perumal.3. (Signed in Tamil) C. Kannan.4. (Left thumb impression of) Kandasami24th January, 1960(Signed) S. A.Amir,Sub-Inspector."Here, the accusation against the appellant was complete, and there is nothing to show that Elumalai wished to say anything more or that he had anything more to add. In so far as the dying declaration goes, it is a complete statement, and makes a very clear accusation against the appellant. If this dying declaration is taken into account, then it hardly needs corroboration in view of the decision of this Court in Khushal Rao v. State of Bombay, 1958 SCR 552 : (AIR 1958 SC 22 ).The Privy Council case, therefore, is clearly distinguishable on facts and does not apply to the dying declaration with which we have to deal. The Privy Council case was considered by this Court in Abdul Sattar v. Mysore State, (S) AIR 1956 SC 168 where also the dying declaration was incomplete but was quite categoric in character and definitely indicated that it was the accused in that case who had shot the deceased. The dying declaration was, therefore, acted upon. The learned counsel for the appellant attempted to distinguish Abdul Sattars case, (S) AIR 1956 SC 168 on the ground that in that case there was corroboration of the dying declaration and contended that an incomplete dying declaration, if categoric in character, may be acted upon if corroborated but not if not so corroborated. In our opinion, corroboration would not always be necessary if the dying declaration is complete in its accusation and there is nothing to show that the maker of the statement had anything further to add. That is the case here. In this case, however, there is some other evidence to incriminate the accused. The injuries were caused with a knife and a knife was found at some distance from the scene of occurrence on information furnished to the police by the accused. That knife was found to be stained with human blood and the accused had in his possession a sheath which was identified as longing to the knife by the shop-keeper who had the day previous sold the knife and the sheath to the appellant Muniappan. There is also the conduct of the appellant in surrendering himself to the police at 12-40 p.m. that is to say, within ten minutes of the occurrence. The appellant had an injury on his thumb which he apparently got in attempting to stab Elumalai. The injury was situated on the thumb of his left hand on the lateral side and must have been caused when he struck Elumalai repeatedly holding him with his left hand and wielding the weapon with his right hand. There is also evidence of motive in the shape of a quarrel which had taken place only two days previously and in respect of which the rival parties had made their respective reports to the police. There was also corroboration in the shape of a dying declaration made by Elumalai to the first prosecution witness Muthuswami when he reached the spot after Elumalai had raised a cry for help.7. In view of all these circumstances we are satisfied that the evidence in this case is sufficient to warrant the conviction of the appellant on a charge of murder. The dying declaration is, in our opinion, categoric in character and unmistakably accuses the appellant of the crime and we have no hesitation in accepting it.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]In our opinion, corroboration would not always be necessary if the dying declaration is complete in its accusation and there is nothing to show that the maker of the statement had anything further to add. That is the case here. In this case, however, there is some other evidence to incriminate the accused. The injuries were caused with a knife and a knife was found at some distance from the scene of occurrence on information furnished to the police by the accused. That knife was found to be stained with human blood and the accused had in his possession a sheath which was identified as longing to the knife by the shop-keeper who had the day previous sold the knife and the sheath to the appellant Muniappan. There is also the conduct of the appellant in surrendering himself to the police at 12-40 p.m. that is to say, within ten minutes of the occurrence. The appellant had an injury on his thumb which he apparently got in attempting to stab Elumalai. The injury was situated on the thumb of his left hand on the lateral side and must have been caused when he struck Elumalai repeatedly holding him with his left hand and wielding the weapon with his right hand. There is also evidence of motive in the shape of a quarrel which had taken place only two days previously and in respect of which the rival parties had made their respective reports to the police. There was also corroboration in the shape of a dying declaration made by Elumalai to the first prosecution witness Muthuswami when he reached the spot after Elumalai had raised a cry for help.7. In view of all these circumstances we are satisfied that the evidence in this case is sufficient to warrant the conviction of the appellant on a charge of murder. The dying declaration is, in our opinion, categoric in character and unmistakably accuses the appellant of the crime and we have no hesitation in accepting it.