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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURVINDER SINGH GILL, JASJIT SINGH BEDI
Darshna Devi – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Gurvinder Singh Gill, J.
1. Darshna Devi assails judgment dated 24.11.2003 passed by learned Sessions Judge, Ludhiana, vide which she has been held guilty of having committed offence under Section 302 IPC and has been sentenced to undergo rigorous imprisonment for life and also to pay a fine amounting to Rs.10,000/-.
2. The matter arises out of FIR No.188 dated 08.05.1999 registered at Police Station Sadar Ludhiana, under Section 302/34 IPC (Ex.PG/2), at the instance of Balbir Chand (deceased). The translated gist of Balbir Chand's statement (Ex.PG) on the basis of which FIR was lodged reads as under:
'My marriage was solemnized with Darshna Devi. However, subsequently she developed illicit relations with Gulzari Lal, milk vendor, in whose house we had been residing. We had then divorced each other. After divorce, Gulzari Lal and Darshna Devi had come to my house and had threatened to kill me. Out of our wedlock, a son namely Sharanvir was born. A few days back, Darshna Devi and Gulzari Lal sent a message to him through Chundi, who is elder brother of Gulzari Lal, to the effect that I should take away my son Sharanvir. Today, I alongwith my cousin Shiv Dayal went to the hous
The reliability of a dying declaration and the importance of corroboration and support from other witnesses in a criminal case.
Merely because, some superficial burn injuries were present on the fingers of the accused, it does not lead to any irresistible conclusion that he made efforts to put off the flames.
: No reliance can be placed upon dying declaration which is doubtful in nature.
The court upheld the trial acquittal due to unreliable eyewitness testimonies and contradictions in the prosecution's evidence, reinforcing the principle of presumption of innocence.
The dying declaration was considered as potent incriminatory evidence, and the court emphasized its evidentiary worth and the corroboration provided by other evidence.
Oral dying declaration is admissible in evidence and there is no legal bar – There is no requirement of law that a dying declaration must necessarily be made to a Magistrate with certification of doc....
The court reinforces that a dying declaration can be the sole basis for conviction if deemed truthful, voluntary, and corroborated by reliable evidence.
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