RAMESH – Appellant
Versus
STATE OF HARYANA – Respondent
The legal document discusses the principles governing the appreciation of evidence in criminal cases, particularly focusing on the credibility and reliability of dying declarations and witness testimonies. It emphasizes that a judgment of acquittal by the trial court is given significant weight and should not be lightly overturned unless found to be perverse or legally unsustainable. The High Court's role in reappreciating evidence is limited to ensuring that the trial court's findings are plausible and not contrary to law or fact.
Regarding dying declarations, the document underscores that such statements are substantive evidence and can be acted upon without corroboration if deemed true and reliable. It highlights the importance of proper procedures in recording dying declarations, including ensuring the declarant's fitness and voluntariness, and that these procedures were duly followed in the case at hand. The presence of medical certification and the recording of the statement by a competent magistrate are critical factors supporting its admissibility.
The analysis also addresses the common phenomenon of witnesses turning hostile, often due to fear, threats, inducements, or sociological pressures such as a "culture of compromise." It recognizes that witness hostility undermines the integrity of the trial process but also notes that such witnesses' testimonies can still be partially relied upon if found credible after careful scrutiny. The document advocates for witness protection measures to safeguard the interests of justice and ensure truthful testimonies.
Furthermore, it stresses that the appellate court's power to review acquittals is limited and should be exercised only when the trial court's findings are clearly erroneous or perverse. The court should not substitute its own view unless the original findings are unsustainable or against the evidence as a whole. The importance of procedural safeguards and proper procedural adherence in recording evidence, especially in sensitive cases, is also highlighted to uphold the integrity of the judicial process.
JUDGMENT
A.K. SIKRI, J.
The appellants herein were tried and acquitted by the Sessions Court for offences under Sections 302, 34, 498A of Indian Penal Code (for short, 'IPC') for which FIR bearing No. 254 dated 28th September, 1999 was registered against them in Police Station Sadar, Bahadurgarh, District Jhajjar, Haryana. However, the High Court, in appeal, has overturned the verdict of acquittal, thereby convicting all the four accused persons (appellants herein). The judgment of the High Court is dated 30th May, 2014, whereby the appellants are sentenced as under:
“Section 302/34 IPC:-To undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/-. In default of payment of fine, to further undergo rigorous imprisonment for one year.
Section 498-A/34 IPC:-To undergo rigorous imprisonment for two years and to pay a fine of Rs.2,000/-. In default of payment of fine, to further undergo rigorous imprisonment for six months.”
2. We may state at the outset that the conviction is primarily based upon the statement of Smt. Roshni, wife of Appellant no. 1, just before her death. This statement has been taken by the courts below as her 'dying declaration' and acted upon with the
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