Madhya Pradesh High Court
The State Of Madhya Pradesh vs Suddu @ Surdarshan on 2 February, 2026
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2026:MPHC-JBP:9277
1 CRA-584-2016
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN
ON THE 2 nd OF FEBRUARY, 2026
CRIMINAL APPEAL No. 584 of 2016
THE STATE OF MADHYA PRADESH
Versus
SUDDU @ SURDARSHAN
Appearance:
Ms. Shweta Yadav, learned Deputy Advocate General for the State.
JUDGMENT
(Dictated in Open Court) Per: Justice Vivek Agarwal This appeal is filed being aggrieved of judgment dated 15.09.2015 passed by learned Second Additional Session Judge, Gadarwara, District Narsinghpur (M.P.) in Sessions Case No.199/2013 whereby learned trial Court has acquitted the accused from charges under Sections 449 and 302 of IPC.
2. Learned counsel for the State, Ms. Shweta Yadav, submits that Ex.P-28 is the dying declaration of Lalita Mourya w/o Nirbhay Singh Mourya and in that dying declaration in which doctor has certified that she was in a fit condition to give her statements. Dr. Arun Sharma (PW-15) and Purvi Tiwari (PW-17) have proved this dying declaration and PW-17 has admitted that she recorded the dying declaration and, therefore, it is submitted that in Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 06-02-2026 11:30:29 NEUTRAL CITATION NO. 2026:MPHC-JBP:9277 2 CRA-584-2016 view of the dying declaration there was no reason for the learned trial Court to record a finding of acquittal specially when dying declaration is duly corroborated and inspires confidence in terms of the evidence of Dr. Arun Sharma (PW-15) and Purvi Tiwari (PW-17).
3. After hearing learned Deputy Advocate General for the State and going through the record. Learned trial Court has referred to the spot map (Ex.P-8) and has stated that as per the dying declaration (Ex.P-28), it is mentioned that Lalita had come out to answer the call of nature when accused Sudarshan came and poured kerosine on her.
4. In the spot map (Ex.P-8) so also the spot map prepared by Patwari, Ex.P- 12, no toilet is shown but in the evidence of Nirbhay Singh (PW-1), who happens to be husband of Lalita, it has come on record that his house is open on two sides. Toilet is constructed in an open space on the Kulri road side. This witness has admitted that there are two courtyards in his house, and a person, if has to travel to the room marked as 'A' in the spot map (Ex.P-8), has to cross two courtyards before reaching that room.
5. When these facts are taken into consideration, then, admittedly, incident took place inside the room marked as place 'A' in the spot map (Ex.P-8). This place is accessible through courtyard, as stated by Nirbhay Singh (PW-
1), which is open from two sides only through the room marked as 'B'. Thus, if the husband of Lalita was lying on a bed in that portion, nobody could have entered the house without crossing Nirbhay Singh (PW-1).
6. Coupled with this fact, victim has changed the place of the incident. According to her, she was putting wheat bags from her flour mill in the room Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 06-02-2026 11:30:29 NEUTRAL CITATION NO. 2026:MPHC-JBP:9277 3 CRA-584-2016 when she had come out to answer call of nature when Sudarshan @ Suddu came from somewhere and poured kerosine. However, neither the spot map nor the Patwari map, Ex.P-12, supports this aspect of prosecution story or dying declaration .
7. It has also come on record that no wheat/flour bags were found at the place of the incident. Thirdly, it has come record and admitted by Nirbhay Singh (PW-1) that he cannot state as to whether their house is on a government land or on a private land. Allegation is that accused was forcing the complainant party to remove their structure which according to the accused was constructed on the land of a school causing hindrance to the smooth functioning of school. It has also come on record and admitted by Nirbhay Singh (PW-1) that on the date of the incident it was Rangpanchami. It has come on record that there was a dispute/altercation between his son Ankit and Chotu son of Nirbhay Singh Raghuwanshi, who happens to be uncle of the accused person.
8. Thus, when law is that if dying declaration is trust worthy and it is free from embellishments, then conviction can be recorded on the basis of such dying declaration. But, if it is otherwise then dying declaration cannot be made sole basis for recording conviction specially if it is uncorroborated.
9. Smt. Purvi Tiwari, Nayab Tehsildar, Ranjhi, who had recorded dying declaration (Ex.P-28), admits, in para 8, of her cross-examination that at the time of recording of dying declaration several relatives of the injured were present though she had not identified them and mentioned their name. She has also admitted that statement was neither read over nor explain to the Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 06-02-2026 11:30:29 NEUTRAL CITATION NO. 2026:MPHC-JBP:9277 4 CRA-584-2016 author of the statement. Author of the statement had not accepted it to be correct. It has also come on record that this witness admitted that victim was extensively burnt and she cannot say as to whether her eyes were open or close. This witness admits, in para 17, that victim had informed her that the incident took place in front of the bathroom outside her house. But this is contrary to the spot map (Ex.P-8).
10. Thus, when the victim changed the place of incidence and shifted it from her room to that of a bathroom in the outer courtyard and that bathroom being not shown in the spot map. Coupled with the fact that Nirbhay Singh (PW-1) admits that nobody could have entered to the seen of crime that is the place marked as 'A' which is an inside room in the house without crossing two courtyards in one of which Nirbhay Singh (PW-1) was sleeping, we have no hesitation to hold that dying declaration has failed to inspire confidence as an uncorroborated document.
11. Law in this behalf as laid down in the case of State of Rajasthan vs. Wakteng, (2007) 14 SCC 550 is that "though conviction can be based solely on the dying declaration, without any corroboration the same should not be suffering from any infirmity." It is further noted, in para 15, that "while great solemnity and sanctity is attached to the words of a dying man because a person on the verge of death is not likely to tell lie or to concoct a case so as to implicate an innocent person but the court has to be careful to ensure that the statement was not the result of either tutoring, prompting or a product of the imagination. It is, therefore, essential that the court must be satisfied that the deceased was in a fit state of mind to make the statement, had clear Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 06-02-2026 11:30:29 NEUTRAL CITATION NO. 2026:MPHC-JBP:9277 5 CRA-584-2016 capacity to observe and identify the assailant and that he was making the statement without any influence or rancour. Once the court is satisfied that the dying declaration is true and voluntary it is sufficient for the purpose of conviction."
12. However, in the present case, there is nothing on record to show that dying declaration was free from influence specially one as per the prosecution case incident took place on 31.03.2013 at about 9pm - 10 pm, dying declaration was recorded on 01.04.2013 starting from 3.50 pm and it continued upto 4.20 pm. Nayab Tehsildar, Purvi Tiwari, admits that when dying declaration was recorded victim was surrounded by several relatives that means that dying declaration was not untouched of any external influence.
13. Even the victim changed the place of the incident after saying that when she had come out to answer the call of nature, accused Sudarshan @ Suddu was standing and had poured kerosine, but the place of the incident is not the bathroom in the open courtyard, as admitted by Nirbhay Singh (PW-
1), but the room inside the house where access of accused could not be established to be an easy one without there being any obstruction, we are of the opinion that when tested in the light of the judgment of Hon'ble Supreme Court in State of Rajasthan vs. Wakteng (supra) , since prosecution has failed to establish that the dying declaration has remained uncorroborated and was not influenced by any external factor, there appears to be no rationale to show indulgence in the matter of acquittal in the light of the judgment of Hon'ble Supreme Court in the case of Mahabir and Others Vs. State of Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 06-02-2026 11:30:29 NEUTRAL CITATION NO. 2026:MPHC-JBP:9277 6 CRA-584-2016 Haryana, 2025 SCC Online SC 184 and accordingly, appeal fails and is hereby dismissed.
(VIVEK AGARWAL) (RATNESH CHANDRA SINGH BISEN)
JUDGE JUDGE
MTK
Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 06-02-2026
11:30:29