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SUPREME COURT OF INDIA
A.K. Sikri, Uday Umesh Lalit, JJ.
Sandeep and Anr. – Appellants
Versus
State of Haryana – Respondent
Decided On : 26-05-2015
(1993) 2 SCC 684; (2010) 8 SCC 514 – Relied upon
(b) Indian Evidence Act, 1872 – Section 32 – Two dying declarations – Inconsistent as regards involvement of Rajbir – Courts below rightly giving benefit of doubt to him. (Para 12)
Facts of the case:
The appellants along with Rajbir, father of appellant Sandeep were tried under Sections 304-B, 498-A read with Section 34 IPC.
The Trial Court found that the prosecution had proved its case against the appellants but gave benefit of doubt to accused Rajbir and acquitted him of all the offences. Relying on the dying declarations the trial court sentenced the appellants to undergo life imprisonment and fine.
The High Court affirmed the order of conviction but reduced the sentence under Section 304-B read with Section 34 IPC to ten years and set aside the sentence of fine under said count. It maintained the sentence imposed under Section 498A read with Section 34 IPC.
Finding of the Court:
Conviction of the appellants is absolutely correct and justified.
Result: Appeal dismissed.
JUDGMENT
Uday Umesh Lalit, J.
1. This appeal by Special Leave by appellants, Sandeep and his mother Krishna, challenges the judgment and order dated 18.09.2012 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. D-203-DB/2008 affirming their conviction under Sections 304-B, 498A read with Section 34 IPC.
2. The crime in the instant case was registered on the basis of statement made by Sharmila, wife of appellant Sandeep, to Suresh Chand, ASI at 6:15 p.m. on 2.11.2006. Her statement Ext. P-13 was to the following effect:-
“Stated that I am resident of aforesaid address. I was married to Sandeep S/o Rajbir @Raja Jat by caste r/o Ghikara on 21.05.2005. After some days of the marriage I was kept properly and there after they started harassing me and saying that less dowry is brought. My husband, my mother-in-law, Krishna father-in-law Rajbir and Nanad Urmila started taunting and my husband and mother-in-law used to beat me. I told about it to my mother Parasi Devi and brothers. Surender S/o Brij Mohan and Anand Kumar S/o Brij Mohan. At this my brothers brought Panchayat from Village Chelawas twice, upon which on the asking of the village my husband Sandeep brought me from my parental house on 23.10.2006. Yesterday dt. 01.11.2006 during night at about 9:00p.m. my husband, mother-in-law Krishna father-in-law Rajbir all gave me slap and fist blows which I tolerated. Today morning at about 8:30 a.m. my mother-in-law Krishna sprinkled kerosene oil upon me and my husband Sandeep set me with fire with a match box. My husband, mother-in-law, father-in-law ran away from the spot when I raised noise, our neighbours Lily s/o Harnath, Risalo W/o Lilu came there and got me admitted to Dadri Hospital from where I have been referred to Rohtak. Now I have got recorded my statement to you. My husband Sandeep, mother-in-law Krishna, and father-in-law Rajbir after sprinkling oil have set me on fire with an intention to finish me. Now I have got recorded my statement, heard it and the same is correct.”
3. Soon after the incident while Sharmila was being removed to the hospital by Lilu and Risalo appellant Sandeep joined them. She was taken to General Hospital Charkhi Dadri where PW 7 Dr. Anita Gulia medically examined her and found percentage of burns to be 85%. According to PW 7, Sharmila had not told her who had set Sharmila afire. Sharmila was thereafter referred to and admitted at PGIMS Rohtak, where the aforesaid statement was recorded, pursuant to which FIR Ext. P-14 was lodged and the crime was registered under Sections 307, 498-A and 34 IPC.
4. On 3.11.2006 at about 4:30 a.m. PW 2 Shri Vimal Sapra Judicial Magistrate Rohtak, on receipt of police request Ext. P04 went to PGIMS Rohtak to record the statement of Sharmila. Before recording the statement, the witness vide Ext. P-8 had obtained the opinion of the doctor as regards her fitness. The witness thereafter proceeded to record the statement and the doctor was present all throughout the recording. Thereafter the concerned doctor put the endorsement Ext. P-9 “patient remained fit during the statement. In my presence”. The statement Ext. P-6 so recorded was to the following effect:
“Statement of Sharmila w/o Sandeep, 18 years, Housewife, R/o Chelawas Stated that I was married to Sandeep about 2 years ago. I have no issue. There are my husband and parents-in-law in my house. They all used to harass me for bringing less dowry. My husband used to say that Motor Cycle is not brought and she sould bring the same. Yesterday i.e. 02.1.2006 at about 8:30/9:00 a.m. I had gone to fields my mother-in-law and husband were at home. Fight took place between them on some matter. When I returned, they were fighting. Then my mother-in-law poured oil upon me and my husband lit the fire with a match box. At that time my father-in-law was not present at house. My Tai mother-in-law took me to the hospital. After the marriage my husband, mother-in-law, father-in-law were raising the
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