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HARINDER SINGH SIDHU, LALIT BATRA
Surjit Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Harinder Singh Sidhu, J.
This appeal has been preferred against the judgment and order dated 21/23.12.2002 passed by the Session Judge, Karnal in Sessions Case No.17 of 2002 whereby the appellant, who was charged with and tried for offence punishable under Section 302 IPC has been convicted for the same and sentenced to undergo imprisonment for life and to pay fine of Rs.10,000/- and in default to further undergo rigorous imprisonment for a period of one year.
2. The case of the prosecution in a nutshell is that on 3.1.2002, ASI Jagan Nath (PW14) while posted as Incharge Police Post Nilokheri received a rukka Ex.PA/1 from Dr. Ravinder Kaur, CHC Nilokheri regarding admission of Manpreet Kaur with 80 percent burns. On receipt of the rukka ASI Jagan Nath accompanied by other police officials went to CHC, Nilokheri at about 9.30 pm and moved an application Ex.PB before Dr. Ravinder Kaur to ascertain whether Manpreet Kaur was fit to make a statement. Dr. Ravinder Kaur gave her opinion Ex.PB/1 to the effect that the patient was fit to make a statement. ASI Jagan Nath recorded the statement of Manpreet Kaur (Ex.PC). She stated that she was married with accused Surjit Singh a
The reliability of a dying declaration must be scrutinized with extra diligence by the court, considering the mental condition of the declarant and potential influencing factors such as animosity.
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
A dying declaration is admissible and can support a conviction if made in a fit state of mind and corroborated by medical evidence.
The court ruled that a dying declaration must be credible and recorded under proper conditions; discrepancies and lack of corroborative evidence led to the acquittal of the appellant.
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....
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