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IN THE HIGH COURT OF DELHI AT NEW DELHI
REVA KHETRAPAL and PRATIBHA RANI, JJ.
RAGHUBIRI DEVI - Appellant
versus
STATE (GNCT GOVT. OF DELHI) - Respondent
CRL.A.320/1999
Decided On : November 25, 2013
In a case involving the unnatural death of a young bride within seven years of marriage, the court must be cautious in accepting dying declarations and thoroughly examine the circumstances surrounding the incident. The court must consider the medical condition of the deceased, the presence of any motive, and the conduct of the investigating authorities. In this case, the court found that the dying declaration recorded by the SDM was unreliable due to inconsistencies and lack of proper verification of the deceased's fitness to make a statement. The court also found that the first dying declaration recorded by the doctor immediately upon the deceased's arrival at the hospital was more credible. Ultimately, the court set aside the conviction and acquitted the appellant.
Fact of the Case:
Rajni, a 21-year-old bride, suffered burn injuries at her matrimonial home and was brought to the hospital by her husband. She died three days later. The police recorded three dying declarations: one by the attending doctor, one by the SDM, and two oral declarations by the deceased's parents and maternal uncle. The appellant, Rajni's mother-in-law, was charged with murder and convicted by the trial court based on the dying declaration recorded by the SDM. The appellant appealed the conviction.
Finding of the Court:
The court found that the dying declaration recorded by the SDM was unreliable due to the following reasons: * The deceased was not in a fit state of mind to make a statement at the time it was recorded. * The SDM did not properly verify the deceased's fitness to make a statement. * The declaration contained inconsistencies and was not corroborated by other evidence. The court also found that the first dying declaration recorded by the doctor immediately upon the deceased's arrival at the hospital was more credible. This declaration was made when the deceased was conscious and well-oriented and was consistent with the photographs of the scene of the incident.
Issues: 1. Whether the dying declaration recorded by the SDM was reliable. 2. Whether the first dying declaration recorded by the doctor was more credible. 3. Whether the appellant was guilty of murder.
Ratio Decidendi: The court held that the dying declaration recorded by the SDM was unreliable and could not be used to convict the appellant. The court also held that the first dying declaration recorded by the doctor was more credible and supported the appellant's defense of accidental death. Therefore, the court set aside the conviction and acquitted the appellant.
Final Decision: The court set aside the conviction and acquitted the appellant.
PRATIBHA RANI, J
1. Whenever a case relating to unnatural death of a young bride within seven years of marriage is reported, it causes ripples not only in the pool of the conscience of the society at large but also throws an open challenge to the judicial system to speak deterrent language so that confidence of common man in the efficacy of law is not undermined. Such type of barbaric crimes against the bride by the husband or in-laws are a slur on the face of humanity in any civilized society.
2. However, experience shows, of which we cannot lose sight of, that there is a growing tendency to give such death, colour of ‘murder’ or ‘dowry death’, even though the death may be accidental. There is no dearth of cases when on death of a bride in matrimonial home, taking advantage of stringent legal provisions applicable to cases of cruelty and dowry death, every effort is made by the family of the deceased bride to rope in not only the husband but his entire family including minor/young school-college going unmarried ‘devar’ and ‘nanad’. Stories are concocted in such a manner that even bail eludes.
3. Misuse of provisions relating to matrimonial offence has been a matter of concern for all concerned. The Apex Court had an occasion to consider the repercussion of misuse of law to unleash harassment on the husband and his family in the case of Sushil Kumar vs. Union of India (UOI) & Ors. AIR 2005 SC 3100 wherein the constitutional validity of Section 498-A IPC was challenged. In the alternative, prayer was made to formulate guidelines so that innocent persons are not victimized by unscrupulous persons making false accusations. In para 18 of the report, while declaring the provisions to be intra vires, how such cases need to be handled by the investigating agencies and the Court within the legal framework, has been expressed in the following words :-
‘18. The object of the provision is prevention of the dowry menace. But as has been rightly contented by the petitioner many instances have come to light where the complaints are not bonafide and have been filed with oblique motive. In such cases acquittal of the accused does not in all cases wipe out the anomy suffered during and prior to trial. Sometimes adverse media coverage adds to the misery. The question, therefore, is what remedial measures can be taken to prevent abuse of the well-intentioned provision. Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. It may, therefore, become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the Courts have to take care of the situation within the existing frame work. As noted above the object is to strike at the roots of dowry menace. But by misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used a shield and not an assassin's weapon. If cry of "wolf" is made too often as a prank assistance and protection may not be available when the actual "wolf" appears. There is no question of investigating agency and Courts casually dealing with the allegations. They cannot follow any straitjacket formula in the matters relating to dowry tortures, deaths and cruelty. It cannot be lost sight of that ultimate objective of every legal system is to arrive at truth, punish the guilty and protect the innocent. There is no scope for any pre-conceived notion or view. It is strenuously argued by the petitioner that the investigating agencies and the courts start with the presumptions that the accused persons are guilty and that the complainant is speaking the truth. This is too wide available and generalized statement. Certain statutory presumptions are drawn which again are rebuttable. It is to be noted that the role of the investigating agencies and the courts is that of watch dog and not of a bloodhound. It
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