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PUNJAB & HARYANA HIGH COURT
J.S.Sekhon and S.S.Rathor JJ.
State Of Haryana
Versus
Inderjit Singh Alias Babli
Criminal Appeal No. 642 of 1986,
Decided On : SEPTEMBER 18, 1991
CRIMINAL LAW - SECTION 306 IPC - DYING DECLARATION - CREDIBILITY - COURT ANALYSIS AND CONCLUSION - FACT OF THE CASE - FINDING OF THE COURT - ISSUES - MAIN LEGAL POINT - RATIO DECIDENDI
Fact of the Case:
The deceased, Mst. Nirmal Kaur, suffered severe burns in her in-laws' house and later succumbed to her injuries. The prosecution alleged that the accused, including her mother-in-law and sister-in-law, had harassed her for dowry and forced her to commit suicide. However, the trial court acquitted the accused, relying on the first dying declaration of the deceased, which stated that the fire was accidental.
Finding of the Court:
The High Court held that the first dying declaration, recorded by a local police officer in the presence of a doctor, was more credible than the second dying declaration, which was recorded by a police officer from Chandigarh in the presence of another doctor. The court found that the second dying declaration was likely the result of tutoring by the deceased's father and aunt, who had met her in the hospital before the statement was recorded.
Issues: 1. Whether the first dying declaration or the second dying declaration was more credible. 2. Whether the accused had harassed the deceased for dowry and forced her to commit suicide.
Ratio Decidendi: The court held that the first dying declaration was more credible because it was recorded shortly after the incident, in the presence of a doctor, and was consistent with the medical evidence. The court also found that there was no evidence to support the prosecution's allegation that the accused had harassed the deceased for dowry or forced her to commit suicide.
Final Decision: The High Court dismissed the appeal and upheld the trial court's acquittal of the accused.
J.S.Sekhon, J.
1. Mst. Nirmal Kaur deceased was married with Amarjit Singh about 8-1/2 years prior to this occurrence. Mst. Iqbal Kaur accused is her mother-in-law while Mst. Harjit Kaur is the husbands brother. All the accused persons alongwith the deceased and aforesaid Amarjit Singh used to reside in village Bahadurpur jointly. Sarwan Singh father of the deceased resided at Delhi. The deceased was blessed with two sons and a daughter out of her cohabitation with her husband Amarjit Singh. The accused were not satisfied with the dowry given by Sarwan Singh PW on the occasion of the marriage of his daughter Mst. Nirmal Kaur deceased and used to harass her on this score. On the occasion of the marriage of Mst. Harjit Kaur accused, Mst. Nirmal Kaur was forced to fetch Rs. 4,000/- her father Sarwan Singh PW. This money was paid by Sarwan Singh with the hope that these accused would treat his daughter nicely. Again on the occasion of the marriage of Inderjit Singh accused, a demand of Rs. 5,000/- was satisfied by Sarwan Singh PW on the same hope of rehabilitation of his daughter in a proper and nice manner. Sarwan Singh PW later on demanded the refund of this amount but the accused declined to refund the same and started maltreating Mst. Nirmal Kaur. The relations between the parties become strained to that extent the Amarjit Singh or any of the accused-did not attend the marriage of two brothers of Mat. Nirmal Kaur deceased.
2. With this background of strained relations on 10-2-1985 at about 11 AM, Mst. Nirmal Kaur received burns in the kitchen of her in-laws house. She was removed to Civil Hospital, Yamuna Nagar by her husband Amarjit Singh where Lady Dr. Sudha Sharma PW I medically. examined her at 1.55 P M. and observed superficial skin burns over face, neck, ears, anterior chest, back chest. anterior, abdomen. back, gluteal region, both of her arms, legs and dorsal aspect of the feet. She also observed singeing of hair of anterior and posterior scalp, eye brows, eye lashes, axilary as.and pubic hair. The skin was peeled off at places. The injured was conscious with sound heart beat. The doctor sent to intimation Ex. PA alongwith the medico legal report to the local police on receipt of which ASI Amar Singh of Police Station City Yamuna Nagar arrived in the hospital and recorded statement Ex. PD of the deceased after verifying at 3.15 P.M. about her fitness to make statement. The deceased had signed this statement and the doctor attested it. No case on the basis of this statement was registered at the police station by the Police of Police Station Sadar, Yamuna Nagar as in that statement Mst. Nirmal Kaur had depicted that she had received accidental burns. An entry in the daily diary register was made on the basis of this statement. The injured was shifted to PGI Chandigarh on the advise of the doctor where Dr. Samir Rai, Junior Resident of the department of Surgery admitted her and sent intimation - Ex. PH to the Police Post, PGI, Chandigarh regarding her admission with 100% burns. On receipt of this intimation, ASI Prem Nath PW6 tried to record the statement of the victim after obtaining opinion of the doctor whether she was fit to make the statement but Dr. Misra opined that she was not in a fit condition to make the statement vide his endorsement Ex. PJ/1.
3. In the meanwhile on getting a telephonic message regarding this episode, Sarwan Singh PW father of the deceased alongwith his sister Mst. Krishna Rani PW8 arrived in the PGI, Chandigarh at about 10:30 P.M. on 10-2-1985, and found his daughter, in the Emergency Ward of-the hospital. Amarjit Singh and Mst. Iqbal Kaur accused were then present there and apprised him that they had already got recorded the statement of Mst. Nirmal Kaur in their favour. At about middle of the night, Mst. Nirmal Kaur apprised her father Sarwan Singh that she has committed suicide as she was beaten by Inderjit Singh accused on 9-2-1985 for pressurising her to fetch money from her par
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