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SUPREME COURT OF INDIA
SUDHANSU JYOTI MUKHOPADHAYA, A.K. SIKRI, JJ.
Satish Chandra & Another – Appellants
Versus
State of M.P. – Respondent
Criminal Appeal No. 211 of 2010
Decided On : 06-05-2014
(2007) 10 SCC 797 – Referred
(b) Indian Evidence Act, 1872 – Section 32 – Dying declaration – Form – Not in question answer form – All requisite precaution observed – No reason to discard if trustworthy. (Para 30)
(c) Indian Penal Code, 1860 – Section 498A – Appellant 2, the mother-in-law, regularly meting out cruelty on deceased for dowry – She quarrelled on the day of suicide also – Ingredients o section 498A satisfied against Appellant 2 – Dying declaration accusing only appellant 2 – Other evidence also not against appellant 1 – Entitled to benefit o doubt. (Para 32, 33)
Facts of the case:
The two appellants are the son and the mother. Appellant No. 1 was the husband and Appellant No. 2 was the mother-in-law, respectively, of the deceased Smt. Sunita. Marriage between Appellant No. 1 and Smt. Sunita was solemnised in April, 1988. Smt. Sunita committed suicide on 14.1.1991 i.e. within three years of the marriage. The two appellants as well as father and sister of Appellant No. 1 were prosecuted under Sections 304-B and 498-A of Indian Penal Code (IPC).
Just before her death, deceased gave a statement which was recorded as Ex. P.9. After her death, it was treated as dying declaration. Sessions Court returned the verdict of guilty qua the appellants herein, as well as sister of Appellant no.1.
The High Court affirmed the conviction and sentence, thereby dismissing the appeal qua these two Appellants. Sunita has been acquitted.
Finding of the Court:
Appellant 1 is entitled to benefit of doubt in respect of both offences.
JUDGMENT :
A.K. Sikri, J. –
1. The two appellants before us are the son and the mother. Appellant No. 1 was the husband and Appellant No. 2 was the mother-in-law, respectively, of the deceased Smt. Sunita. Marriage between Appellant No. 1 and Smt. Sunita was solemnised in April, 1988. Smt. Sunita committed suicide on 14.1.1991 i.e. within three years of the marriage. This led to the prosecution of the two appellants as well as father and sister of Appellant No. 1 under Sections 304-B and 498-A of Indian Penal Code (IPC).
2. We may mention that as per the prosecution, just before her death, she even gave a statement which was recorded as Ex. P.9. After her death, it was treated as dying declaration and case was registered against the accused persons. After the completion of the investigation they were all committed to their trial. The accused persons did not admit to the charge and abjured their guilt. As per them they were falsely implicated in the matter. The trial proceeded. Various prosecution witnesses were examined. On the basis of the oral and documentary evidence brought on record, the Sessions Court returned the verdict of guilty qua the appellants herein, as well as sister of Appellant no.1.
3. The Trial Court sentenced both the appellants as well as Sunita, sister of Appellant no.1 to undergo one year rigorous imprisonment (R.I.) for offence under Section 498 A of IPC. A fine of Rs. 1,000/- on each of the appellants was also imposed and in default the appellants were to undergo an additional R.I. for six months. For offence under Section 304-B, both the appellants were sentenced to 10 years rigorous imprisonment with Rs. 1,000/- as fine with similar default clause.
4. The appellants filed the appeal before the High Court against the said conviction and sentence. By the impugned judgment dated 21.10.2008 the High Court of Madhya Pradesh has affirmed the conviction and sentence, thereby dismissing the appeal qua these two Appellants. However, Sunita has been acquitted. Special Leave Petition was filed questioning the validity of the said verdict of the High Court in which leave was granted. This is how the present appeal has been heard finally by this Court.
5. A perusal of the judgment of the High Court would demonstrate that the High Court has primarily relied upon the dying declaration (Exhibit P9) which according to the High Court is a strong iron clad testimony from the clutches of which the appellants cannot escape. It has found that the said dying declaration is worthy of credence which was recorded in the presence of the Magistrate (P.W.2) that too with certification from the Doctor (P.W.5) to the effect that Sunita was in a fit state of mind to give the statement, notwithstanding the fact that she has suffered 92 percent burns. In so far as charge under Section 498A is concerned, the High Court has found that this was proved on the basis of Ex. P8, which was a letter written by the deceased stating she was being treated with cruelty. The High Court also recorded that the dying declaration as well as allegations in letter (Ex. P.8) were duly supported by the testimony of the father (P.W.1), the brother (P.W.7) and the uncle (P.W.4) of the deceased. It is observed that even when they are interested witnesses being close relation of the deceased, there was no reason to discard their testimony. More so, when their testimony was supported by written documents namely letters written by the deceased which were Exhibit P1, P3, P4 and P5.
6. Mr. Sushil Kumar Jain, learned Senior Counsel appearing for the appellants endeavoured to find loopholes in the depositions of various witnesses. Thrust of his argument was that their testimonies could not have been relied upon to record the guilt of the appellants for both the charges i.e. under Section 498A as well as 304B of I.P.C. In this attempt, he referred to various portions of the testimonies of these witnesses with the purpose to show that there was an acceptance on their part t
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