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High Court Of Delhi
HARISH KUMAR - Appellant
Versus
STATE OF DELHI - Respondent
CRIMINAL APPEAL 47 of 1987
Decided On : 03/21/1990
DYING DECLARATION - TEST OF RELIABILITY - CORROBORATION - NOT NECESSARY - SECTION 302 IPC - MURDER - CONVICTION BASED ON DYING DECLARATION - JUSTIFIED.
Fact of the Case:
The appellant was convicted of murder for intentionally setting his wife on fire. The conviction was based primarily on the dying declaration of the deceased, which was corroborated by other evidence.
Finding of the Court:
The court found that the dying declaration was reliable and truthful, and that it was corroborated by other evidence. The court also found that the appellant's defense of accidental fire was not credible.
Issues: 1. Whether the dying declaration was reliable and truthful. 2. Whether the dying declaration was corroborated by other evidence. 3. Whether the appellant's defense of accidental fire was credible.
Ratio Decidendi: 1. A dying declaration is reliable and truthful if it is made in the absence of the accused, who has no opportunity to test the veracity of the statement by cross-examination, and if the court is satisfied that the statement was made voluntarily and without fear or pressure. 2. Corroboration of a dying declaration is not necessary if the court is satisfied that the declaration is truthful and reliable. 3. A defense of accidental fire is not credible if the accused never made any attempt to come to the victim's rescue and if the medical evidence shows that the victim died as a result of the accused's actions.
Final Decision: The court dismissed the appeal and confirmed the appellant's conviction and sentence.
( 1 ) ON 1. 6. 1984, Shyam Lal was the duty constable at General Hospital, Shahdara. He set the ball of investigation rolling, by informing the police station Seema Puri at 4. 50 P. M. about the admission of one Kiran aged about i9 years by her husband Harish, resident of Block No. K-4, Sunder Nagri, in a burnt condition. A. S. I. Swaran Singh (Public Witness -8) on receipt of this information made an entry in the D. D. Register and gave its copy to the A. S. I. Budh Ram (Public Witness -3) for necessary action. He immediately came to the spot from where he came to know that the injured had been taken to J. P. N. Hospital. On reaching the hospital, he found Smt. Kiran in the burn ward of the hospital The doctor on duty reported that she is in a fit condition to make the statement. The A. S. I, then recorded the statement of Smt. Kiran in Hindi translation of which is Ex. PW-3/b. It reads as under : -
"i reside at the aforesaid address. I was married to Harish Kumar r/o K-4, Sunder Nagri, Delhi about 7 months ago. Today at about 12, 0 Clock, my husband came to the house and enquired as to why I have not cooked the rice for him. I replied that I have kept the rice for boiling and then told him that he had no definite time to return home. On this, my husband gave beatings with a wooden roller (belan ). He then poured kerosene oil on me and set my clothes on fire. He pushed me on the stove as a result of which I caught fire and received burn injuries. "
( 2 ) THIS statement was attested by Dr. Ravi Shanker in whose presence it was recorded. Underneath the said statement, the investigation officer made his endorsement Ex. PW-3/c and sent the Ruqa to the Police Station, through constable Vipin Kumar, for the registration of the case.
( 3 ) FROM the hospital, the investigating officer came to the spot and took into possession one stove of iron, a funnel (kupi) of plastic, a can containing some kerosene oil, one fry-pan containing some half prepared rice, one chunni, a stove pin, a burnt match stick, one match box, one broken karchhi, some broken pieces of bangles and one belan (Ex. P-l to P-9) vide memo. Ex. PW-1/a. Thereafter, he prepared a site plan, got the scene of occurrence photographed, and completed all other formalities there and then.
( 4 ) ON the night between 2nd/3rd June, 1984, the investigating officer received an information that Smt. Kiran has died. He went to the mortuary and prepared the Inquest report Ex. PW-3/f. The case was then coverted into Section 302 of the Indian Penal Code. During the course of investigation, Inspector Ram Chander, S. H. O. of Police Station Seema Puri recorded the statement of the various witnesses and on receipt of the report from C. F. S. L. submitted the challan for trial.
( 5 ) DURING the trial, the prosecution examined as many as 15 witnesses, including the father and uncle of the deceased, Shri Mohan Lal, a neighbour who claimed to be an eye-witness, medical experts, besides many formal witnesses. The accused in his statement undersection 313 Cr. P. O. , denied his involvement altogether and pleaded ignorance of the incident. However, he did not examine any witness in his defence. The learned Addl. Sessions Judge mainly relied upon the dying declaration of Smt. Kiran, and with the help of supporting evidence, held the accused guilty of the offence u/s 302 Indian Penal Code. for intentionally committing the murder of his wife by setting her on lire and sentenced him to undergo rigorous imprisonment for life.
( 6 ) THE present appeal is directed against the order of his conviction and sentence passed by Additional Sessions Judge, Delhi, on 16th August, 1985. The appeal was filed through jail. Ms. Neelam Grover was appointed as amicus curiae. We have heard Ms. Grover at length and with her help gone through the carefully.
( 7 ) AS already observed earlier, the conviction of the accused has primarily been based on the dying declaration of Smt. Kiran which has been found to be
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