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1999 Supreme(SC) 738

S.N.PHUKAN, G.T.NANAVATI
Harjit Kaur – Appellant
Versus
State Of Punjab – Respondent


Judgement Key Points

What effect does a doctor's endorsement of fitness on the application (rather than the dying declaration itself) have on its reliability? Is a dying declaration unreliable if not recorded in question-answer form? Can a second dying declaration form the basis of conviction when it contradicts an earlier dying declaration to police?

Key Points: - Three appellants (mother-in-law, father-in-law, husband) convicted under Section 302 IPC for dowry-related murder by pouring kerosene and setting Parminder Kaur on fire (!) [1000038950001]. - Conviction relied on second dying declaration recorded by SDM (PW7) on 3.5.92; first declaration to police on 30.4.92 claimed accident with no one responsible [1000038950002][1000038950006]. - SDM obtained doctor's endorsement of fitness on the application (not declaration), confirmed victim's condition, recorded narrative in English after Punjabi statement, and took thumb mark [1000038950003][1000038950004]. - No relatives present during recording; initial presence of 3-4 persons cleared, nurse asked to leave; agitation by relatives does not imply pressure on SDM [1000038950004]. - Thumb mark valid despite burns; medical evidence does not preclude it; SDM credible independent witness [1000038950005]. - First declaration not voluntary due to lack of freedom (delayed hospital trip, no parental notification); second more probable and natural [1000038950006]. - Courts below correctly relied on second dying declaration; appeals dismissed [1000038950006] (!) .

What effect does a doctor's endorsement of fitness on the application (rather than the dying declaration itself) have on its reliability?

Is a dying declaration unreliable if not recorded in question-answer form?

Can a second dying declaration form the basis of conviction when it contradicts an earlier dying declaration to police?


Judgment

Nanavati, J.-The three appellants, in these two appeals, have been convicted under Section 302 IPC for causing death of Parminder Kaur. The appellant in Criminal Appeal No. 822 of 1997 is Harjit Kaur, the Mother-in-Law of Parminder Kaur. The two appellants in Criminal Appeal No. 823 of 1997 are Charan Singh and Sukhjeet Singh, the Father-in-Law and Husband of Parminder Kaur.

2. What has been held proved against them is, that they were not satisfied with the dowry brought by Parminder Kaur and, therefore, they used to ill-treat her and beat her also. Ul­timately on 30.4.92 at about 2.00 a.m. they killed her by pouring kerosene over her body and then applying a lighted match stick to her clothes.

3. The trial Court convicted the three appellants and one Gurjit Singh, Brother-in-Law of Parminder Kaur, mainly relying upon the Dying Declaration made by Parminder Kaur on 3.5.92. The High Court has also believed the Dying Declaration and confirmed the conviction of the appellants, but gave benefit of doubt to the Brother-in-Law.

4. The contention of the appellants in these appeals is that the Dying Declaration made by Parminder Kaur does not deserve to be accepted and in any case can








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