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IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Sangita Dhingra Sehgal, JJ.
Ranjeet Singh – Appellant
Versus
State – Respondent
Criminal Appeal No. 896 of 2004, 619 of 2005
Decided on : 21-01-2020
Dying Declaration - Conviction under Sections 302/34 IPC - [302/34 IPC] - The court relied on the dying declaration of the deceased, which was found to be voluntary, truthful, and made in a fit and conscious state of mind. The court also highlighted that the dying declaration need not be recorded in question-answer format and that minor contradictions in the recording process do not affect its reliability. The dying declaration was corroborated by the medical certificate and recovery of kerosene can. The court also emphasized that if the dying declaration inspires confidence, it can be relied upon to convict the accused even in the absence of corroboration. The court set aside the conviction of one appellant-convict due to lack of evidence, while confirming the conviction of the other appellant-convict based on the dying declaration and other evidence.
Fact of the Case:
The appellant-convicts were sentenced to life imprisonment under Sections 302/34 IPC for burning the deceased. The deceased's dying declaration implicated the appellant-convict Ranjeet Singh in the crime. The trial court found the dying declaration to be reliable and convicted both appellant-convicts.
Finding of the Court:
The court found the dying declaration of the deceased to be voluntary, truthful, and made in a fit and conscious state of mind. It emphasized that the dying declaration need not be recorded in question-answer format and that minor contradictions in the recording process do not affect its reliability. The court also highlighted that if the dying declaration inspires confidence, it can be relied upon to convict the accused even in the absence of corroboration. The court set aside the conviction of one appellant-convict due to lack of evidence, while confirming the conviction of the other appellant-convict based on the dying declaration and other evidence.
Issues: The issues revolved around the reliability of the dying declaration, the recording process, and the corroboration of the dying declaration with other evidence. The court also addressed the involvement of the appellant-convicts and the credibility of witnesses.
Ratio Decidendi: The court's decision was primarily based on the reliability of the dying declaration, the absence of evidence against one appellant-convict, and the corroboration of the dying declaration with other evidence. The court emphasized that a voluntary and truthful dying declaration, even without corroboration, can lead to the conviction of the accused.
Final Decision: The court set aside the conviction of one appellant-convict due to lack of evidence, while confirming the conviction of the other appellant-convict based on the dying declaration and other evidence.
JUDGMENT :
Manmohan, J.
1. While Crl.A. No.896/2004 has been filed on behalf of appellant-convict Ranjeet Singh, Crl.A. No.619/2005 has been filed on behalf of appellant-convict Balwant Singh. Both the appeals have been filed challenging the judgment dated 24th August, 2004 and the order on sentence dated 26th August, 2004 passed by the Additional Sessions Judge, Delhi in Sessions Case No. 1040/2001 arising out of FIR No.935/2000 registered with Police Station Rajouri Garden, whereby both the appellant-convicts have been sentenced to undergo imprisonment for life with fine of Rs.500/- under Sections 302/34 IPC.
2. It is pertinent to mention that this Court had suspended the sentence of the appellant-convict Ranjeet Singh vide order dated 18th November, 2006 and of appellant-convict Balwant Singh vide order dated 22nd May, 2007. Thereafter, appellant-convict Balwant Singh has been untraceable and notice could not be served upon him or his sureties. Even the non-bailable warrant issued against him could not be executed on account of his non-availability. Consequently, this Court in accordance with the judgment of the Apex Court in Christopher Raj vs. K. Vijayakumar, (2019) 7 SCC 398 and Shankar Vs. State of Maharashtra, (2019) LawSuit (SC) 1574 appointed Ms. Aishwarya Rao, Advocate (who was already appearing for co-convict Ranjeet Singh) as the Amicus Curiae to represent appellant-convict Balwant Singh vide order dated 21st October, 2019. Also, despite being granted bail in the present case, appellant-convict Ranjeet Singh is presently lodged in jail on account of other cases registered against him.
CASE OF THE PROSECUTION
3. Briefly stated, the case of the prosecution is that on 28th September, 2000, the appellant-convict Ranjeet Singh had gone to the house of his mother-in-law i.e. Ms. Pyar Kaur (PW-1), where after pouring kerosene over his wife Babbal, he burnt her. The appellant-convict Ranjeet Singh was accompanied by his friend and co-convict Balwant Singh. The appellant-convicts fled the spot after the incident.
4. Thereafter, the deceased was taken to the hospital where her statement (PW-6/B) was recorded by SDM Mr. Vijay Khanna (PW-6) after she was declared fit for statement by Dr. Ajay Kumar Dabas (PW-20). During the course of treatment, the deceased succumbed to her injuries in Safdarjung Hospital on 2nd October, 2000.
FINDING OF THE TRIAL COURT
5. The Trial Court convicted the appellant-convicts under Sections 302/34 IPC and held as under:-
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(46) ....It has been alleged in the dying declaration Ex. PW6/B that accused Balwant Singh had come with her husband accused Ranjeet Singh and they got the door opened and thereafter, the accused Ranjeet had sprinkled kerosene on her and then ignited her with a match stick. Deceased Smt Babbal has allegedly made a statement that accused Ranjeet did not want to keep her as his wife and was even threatening her to kill her. Many a times he had threatened to attack her with a knife.
(47) After the door had been opened by the deceased Smt Babbal no effort were made by Accused Balwant Singh to dissuade accused Ranjeet Singh from acting in the manner he ultimately did. Accused Balwant Singh even did not make any attempt to save deceased Smt Babbal when accused Ranjeet Singh was attempting to put kerosene on her and igniting her.
(48) In the facts and circumstances of the present case, it is difficult to accept the plea of defence counsel that accused Balwant Singh has no role to play in the death of Smt Babbal.
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(50) Considering all the facts and circumstances of the present case, I am of the opinion that prosecu
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