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IN THE HIGH COURT OF DELHI AT NEW DELHI
SIDDHARTH MRIDUL, I.S.MEHTA, JJ.
State - Appellant
Versus
Krishan Kumar - Respondent
CRL. A. 713 of 2019
Decided On : 20-03-2020
Dowry Harassment - Criminal Law - IPC 498A, IPC 302 - The court discussed the dying declaration, admissibility of dying declaration, and the lack of corroborative evidence. The judgment upheld the lower court's decision based on the lack of merit in the appeal and the possibility of another view.
Fact of the Case:
The case involved the acquittal of the accused from charges under Sections 498A and 302 IPC related to the death of the victim, Poonam. The prosecution relied on the dying declaration and ocular evidence to prove the accused's guilt.
Finding of the Court:
The court found that the dying declaration did not disclose the manner of acid administration and lacked corroboration. It upheld the lower court's decision, citing the possibility of another view.
Issues: The key issues included the admissibility and reliability of the dying declaration, the lack of corroborative evidence, and the possibility of mistaken fact in the case.
Ratio Decidendi: The court's decision was based on the principles of admissibility of dying declaration, the need for corroboration, and the possibility of another view in the absence of conclusive evidence.
Final Decision: The appeal was dismissed, and the lower court's decision to acquit the accused was upheld.
JUDGMENT
I. S. MEHTA, J.
1. Instant appeal is arising from the Judgment dated 29.08.2018 passed by the learned Additional Sessions Judge, (EAST)-SPL. JUDGE (NDPS), Kakardooma, Delhi in Session Case No. 387/2016 emanating out of FIR No. 113/2011 registered under Sections 498A and 302 IPC at P.S. Gazipur, Delhi, whereby the respondent/accused was acquitted from the charges levelled against him.
2. The brief facts stated are that on receiving DD No. 41B on 11.04.2011 at 12:40 PM, SI Harpal Singh reached to LBS Hospital where he met with injured Poonam w/o Krishan who was admitted vide MLC No. 5254/11 with alleged history of intake of acid. Thereafter, IO, SI Harpal Singh requested the concerned SDM, Preet Vihar to visit the hospital. SDM Hukam Singh reached to LBS hospital and met with injured Poonam and recorded her statement Ex.PW2/A.
Smt. Poonam W/o Sh. Krishan, R/o. A-141, Harijan Basti, Kondli, Delhi in front of S.D.M, Preet Vihar Colony, L.M. Bandh, Shastri Nagar, Delhi at LBS Hospital, Khichari Pur, Delhi, dated 11.04.2011 at 4:45 PM.
Q1. What is your name and narrate the incident?
Answer. My name is Poonam w/o Krishan and she resides at above given address. Her mother got her married from her residence E-13, Kondli with Krishan S/o Bal Krishan resident of A-141, Harijan Basti, Kondli, Delhi on 28.11.2005 as per the Hindu Rites and Customs and dowry was given as per their wishes but no vehicle was given due to which accused used to quarrel with her on daily basis and also used to threaten to kill her brother. Accused used to quarrel with her after taking liquor. Accused was not giving money to meet out the house hold expenses. She has a son who has not been enrolled in any school by the accused. She is being threatened through outsiders too. After beating her at the Matrimonial house accused used to send her to her parental house. The parents of accused avoid their presence in such incident. Accused threatens her to go away from his matrimonial house otherwise she would be killed. Every day accused used to quarrel on one pretext or other. On 11.04.2011 at about 12:30 PM accused made her to ingest acid and ran away. Her husband is responsible for this incident. Legal action be taken against him and maximum punishment be awarded to him. The above statement is read over to her and her statement is based on the voluntariness.
Sd/
(Hukam Singh, SDM)
3. After recording statement of Poonam, statement of complainant was marked to SHO PS Gazipur for necessary action. On basis of complainant’s statement, an FIR, FIR No.113/11 was registered under Sections 498A/328 IPC against the accused in PS Gazipur. Investigation of the case was handed over to SI Harpal Singh and accused was arrested on 04.05.2011. SI Harpal Singh collected MLC of the victim. The victim Poonam was discharged from LBS hospital on 21.04.2011. Thereafter, the victim Poonam got herself admitted in LNJP Hospital and got medical treatment from LNJP Hospital on 27.04.2011 at 10:08 AM. She died on 23.09.2011 at about 5:45 PM. IO SI Harpal (Retd.) consequently handed over further investigation of the case to ASI, Bhagwat Dayal and on direction of SDM he got conducted postmortem of deceased Poonam and dead body of Poonam was handed over to her elder brother Lalit Kumar. On 20.05.2012 he collected the post mortem report of deceased Poonam and thereafter, sections 498A and 302 IPC were also added in FIR and he handed over the file to MHC(R). On 13.07.2012, further investigation was handed over to Insp. Ram Dhan and on 28.04.2013 accused Krishan Kumar was arrested from house no. A-141, Kondli, Delhi.
4. After completion of investigation, chargesheet was filed and Charges were framed under Sections 498A/302 IPC against accused on 16.01.2014 to which he pleaded not guilty and claimed trial.
5. The prosecution in order to prove its case, examined 14 witnesses i.e., ASI Jai Prakash (PW1), Hemant Kumar (PW2), Lalit Kumar (PW3), Smt. Kanti Devi (PW4), Smt. Manju (PW5), Retired SI Ha
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