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IN THE HIGH COURT OF DELHI AT NEW DELHI
VIPIN SANGHI, JASMEET SINGH, JJ.
Sumit @ Vicky - Appellant
Versus
State - Respondent
Crl. A. No. 956 of 2018 and Crl. M.B. No. 629 of 2021
Decided On : 30-09-2021
Indian Penal Code, 1860 - Sections 302, 304 B, 498A, 34, 174A, 398A, 300 - Code of Criminal Procedure 1973 - Sections 207, 209, 313, 161 - Indian Evidence Act 1872 - Section 32(1) - Common Intention - Dowry Death /Murder - Appeal against conviction - Allege that accused, her husband and other relatives came to their parental house and after settling dispute, they took both of them to their matrimonial house. Accused took deceased on first floor of house and then she also followed them and behind her, her father-in-law, mother-in-law and brother-in-law also came there. Then she saw that accused poured kerosene oil on deceased and when she asked her in-laws to stop accused, they did not do anything. Then set deceased on fire. She shouted, but nobody helped her, After 10 minutes, neighbours came for help and doused fire. 15-20 minutes after that her husband came and took deceased to hospital.
Finding of the Court: The testimony of PW-1, referred to by learned counsel for the appellant relates to the aspect of dowry demand and harassment of the deceased by the accused for dowry - There is no merit in this submission of learned counsel for appellant. This is for the reason that scribe of the dying declaration PW 30, ASI had stated that he obtained the opinion of doctor with regard to fitness of deceased to record her statement and after 10-15 minutes, the concerned Tehsildaar reached hospital. Thereafter, the Tehsildaar dictated statement of deceased, as the patient was speaking very slowly and in a feeble voice - Even the appellant did not ever claim that deceased burnt herself inside a “room” - Court finds no reason to raise any doubt about testimony of PW-12, or statement/ dying declaration attributed to deceased - In present case, dying declaration of deceased is very clear. She stated that yesterday in night, her husband, her father in law, her mother in law and brother in law were all at home and her husband caught held of her hand and took her to terrace and her husband poured kerosene oil on her and lit the matchstick in the presence of the other persons/ accused and put her on fire - Court view that Trial Court has correctly arrived at finding of appellant's guilt in the commission of the offence under Section 300 IPC and he has been correctly convicted under Section 302 IPC.
Result: Appeal dismissed.
JUDGMENT :
Vipin Sanghi, J.
1. The present appeal by the convict/ accused No. 3 is directed against the judgment dated 19.12.2017, and order on sentence dated 23.12.2017 passed by Sh. Vivek Kumar Gulia, ASJ-03 & Special Judge (Companies Act), Dwarka District Courts, Delhi in S.C. No.130/2015, arising out of FIR No.210/2012 registered at P.S. – Chhawla under Section 302/ 304B/ 498A/ 34/ 174A IPC against four accused, namely Rohtash, Santosh, Sumit @ Vicky and Jitender @ Tinku.
2. The appellant Sumit @ Vicky, arrayed as Accused No.3 has been found guilty of commission of the offence of murder under Section 302 IPC only. The rest of the charges against the appellant could not be established. The other accused persons, namely Rohtash, Santosh and Jitender @ Tinku were acquitted of the offence for which they were charged.
3. The factual background of the case has been taken note of in the impugned judgment and there is no dispute about the same. We, therefore, consider it appropriate to reproduce the factual background as narrated in the impugned judgment itself. The same is as follows:
1.2 The FIR was registered on the complaint of Nisha (PW3), sister of the deceased, recorded by SDM (PW12) on 15.09.2012 with following facts. She alongwith her sister Rakhi were married to Pradeep and Sumit @Vicky respectively, both sons of accused Rohtash, and few days after their marriage, her mother-in-law Santosh, father-in-law Rohtash, brother-in-law Jitender @Tinku and husband of the deceased namely Sumit @ Vicky started abusing and beating both the sisters. Accused Sumit @Vicky had even damaged the articles given in the marriage and on 04.09.2012, all the accused persons beaten them and then removed them from matrimonial house and her child aged 15-16 days was also snatched from her. Thereafter, with the intervention of the police, her child was given to her. Further, both of them went to their parental house. Further, on 09.09.2012, accused Sumit @ Vicky, her husband and other relatives came to their parental house and after settling the dispute, they took both of them to their matrimonial house. However, they were again beaten on 10.09.2012 by their mother-in-law, father-in-law and brother-in-law. Further, on 14.09.2012, accused Sumit @Vicky was quarreling with and beating Rakhi since 8.00 am and at about 9.00 pm, she went in their room, but accused Sumit @Vicky asked her to get out of the room. At about 10.30 pm, Sumit took Rakhi on the first floor of the house and then she also followed them and behind her, her father-in-law, mother-in-law and brother-in-law also came there. Then she saw that accused Sumit @Vicky poured kerosene oil on Rakhi and when she asked her in-laws to stop accused Sumit @Vicky, they did not do anything. Then accused Sumit @Vicky set Rakhi on fire. She shouted, but nobody helped her, After about 10 minutes, neighbours came for help and doused the fire. 15-20 minutes after that her husband Pradeep came and took Rakhi to the hospital.
1.3 In the hospital, statement of Rakhi was recorded by the Executive Magistrate/Tehsildar on 15.09.2012, whereby she alleged that she was tortured for demand of car and two fridges by all the accused persons and her husband Sumit @Vicky had set her ablaze in the presence of other accused persons. She succumbed the burn injuries on 21.09.2012.
1.4 During investigation, burnt/half burnt clothes, bottle of kerosene oil, matchbox, burnt slippers, etc., were seized from the spot. Further, medical documents of the deceased were collected and the accused persons were arrested.
2. After culmination of investigation, the accused persons were charge-sheete
Dowry Death - Dying declaration - Reliability of - Conviction Confirmed - Dying declaration of a person, by itself, may be sufficient to find the accused guilty and if the statement is reliable and c....
The court determined that inconsistent dying declarations and lack of corroborating evidence preclude conviction, emphasizing the burden on prosecution to prove guilt beyond a reasonable doubt.
A dying declaration can serve as the sole basis for conviction if it is credible and corroborated, emphasizing its legal admissibility in murder cases.
Dying declarations can be the basis for conviction if they are found to be truthful and voluntary; however, they must be carefully scrutinized, especially in the absence of corroborative evidence.
Where there are more than one statement in the nature of dying declaration, one first in point of time must be preferred. Of course, if the plurality of dying declaration could be held to be trustwor....
A dying declaration can serve as the sole basis for conviction if it meets the criteria of truthfulness, voluntariness, and absence of suspicion, as established by the Indian Evidence Act and relevan....
The court affirmed that intent to cause death or grievous injury is critical for conviction under Section 304(1) IPC, supported by consistent eyewitness accounts and medical evidence.
The importance of corroborated evidence and the need for a dying declaration to be recorded by a Magistrate or a doctor in criminal cases.
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