Judicial Analysis Court Copy Headnote Facts Arguments Court observation

HIGH COURT OF HIMACHAL PRADESH
MS. JUSTICE SABINA, MR. JUSTICE SATYEN VAIDYA, JJ
KARAM CHAND – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent
CRIMINAL APPEAL No.132 of 2018 | CRIMINAL APPEAL No. 587 of 2017

Advocates:
For the Appellants/Petitioners: MR. N.S. CHANDEL, MR. VINOD K. GUPTA
For the Respondents: MR. P.K. BHATTI

Credible dying declarations can substantiate convictions if they are made by a declarant in a fit mental state, excluding the need for corroboration when confidence in their truthfulness is established.

Headnote:(A) Indian Penal Code, 1860 - Sections 302, 498-A, read with Section 34 - Conviction for murder and cruelty - Two appellants convicted under Section 302 and one under Section 498-A - The court deliberated on the credibility of dying declaration and whether it was fit to support conviction - The deceased suffered severe burns allegedly caused by the appellants, who had displayed a history of maltreatment - The court affirmed the conviction based on strong evidentiary support, declaring the statement of the deceased a reliable dying declaration (Paras 12,14,36).

(B) Evidence Act, 1872 - Section 32 - Dying declaration as evidence - The court assessed the factors under which a dying declaration can serve as the basis for conviction, namely the mental fitness of the declarant and the absence of tutoring - All relevant procedural compliance and corroborative indicators were evaluated, leading to the conclusion that the declaration satisfied legal scrutiny (Paras 21-22).

Facts of the case:
The marriage of the deceased with one appellant was troubled with consistent allegations of maltreatment by her in-laws resulting in the fatal incident of burning, after which her statements implicating her husband and in-laws were captured as dying declarations (Paras 3-4, 6).

Findings of Court:
The court evaluated medical and testimonial evidence to ascertain the veracity of the dying statement made by the victim, concluding it to be credible and admissible (Paras 25-36).

Issues: Key questions included the admissibility of the dying declaration based on the victim's mental state and whether the burn injuries were self-inflicted or caused by the appellants (Paras 13, 35).

Ratio Decidendi: The appellate court upheld that a credible dying declaration can alone substantiate a conviction, provided it is established that the declarant was in a fit mental state, as evidenced by corroborative testimony and a thorough investigation (Paras 21-22, 34).

Result: The appeals are accordingly dismissed.

Table of Content
1. background information on the victim's situation. (Para 3 , 4 , 6)
2. credibility of the dying declaration. (Para 12 , 36)
3. legal standards for dying declarations. (Para 21 , 34)

JUDGMENT

Both these appeals have arisen out of same judgment and also entail common questions of facts and law, therefore, these appeals are being decided by a common judgment.

2. Appellants in Cr. Appeal No. 132 of 2018 have been convicted for commission of offence under Sections 302 , 498-A read with Section 34 of the IPC , whereas appellant in Criminal Appeal No. 587 of 2017 has been convicted for offence under Section 498-A read with section 34 IPC . Appellants have been sentenced as under:

Name	Offence	Sentence	Fine in Rupees	Default
Karam Chand	302/34 IPC	RI for life	20,000/-	Imprisonment for three months
	498-A/34 IPC	SI for Two Years	5,000/-	SI for one month
Maya Devi	302/34 IPC	RI for life	20,000/-	Imprisonment for three months
	498-A/34 IPC	SI for Two Years	5,000/-	SI for one month
Sanjay Kumar	498-A/34 IPC	SI for Two Years	5,000/-	SI for one month

The sentences of appellants in Cr. Appeal No. 132 of 2018 have been ordered to run concurrently.

3. The facts, on which the prosecution case rested, are that the deceased Girija Devi (hereinafter referred to as the victim) and appellant Sanjay Kumar (in Cr. Appeal No. 587 of 2017) were married since 2002. Appellants Karam Chand and Maya Devi (in Cr. Appeal No. 132 of 2018), were father-in-law and mother-in-law respectively of the victim. The victim and Sanjay Kumar had two sons, aged about 12 years and 8 years respectively. The entire family was jointly residing at village Jia in District Kullu.

4. On the intervening night of 01.08.2015 and 02.08.2015, the victim suffered serious burn injuries and consequently died on 06.08.2015. It was alleged that the burn injuries were caused on the person of the victim, as a result of lighting her to fire after sprinkling kerosene oil by appellants Karam Chand and Maya Devi. The relations between the victim and appellants were alleged to be strained.

5. The victim along with appellants Karam Chand and Maya Devi were brought to RH Kullu with burn injuries. ASI Krishan Lal (PW21) moved application Ext. PW-15/A before the Medical Officer for examination of all the above noted injured persons. PW-15 Dr. B.B. Bhardwaj examined the victim at 1.35 AM and issued MLC Ext. PW-15/B. Burn injuries to the extent of 78% to 89% were found on her person. Appellants Karam Chand and Maya Devi were also examined by PW-15. Their MLCs Ext. PW-15/C and PW-15/D recording burn injuries to the extent of 1% and 10% respectively were also issued.

6. Statement of the victim Ex.PW21/A, under Section 154 Cr.P.C; was recorded at 2.00 A.M. The victim implicated the appellants alleging maltreatment at their hands. Appellant Sanjay Kumar was accused of continuously harassing the victim since few years after the marriage. She, after narrating the sequence of events specifically accused her father-in-law and mother-in-law of attempting to kill her by sprinkling kerosene oil and lighting her to fire. FIR Ex.PW21/C was registered at 2.10 AM on the basis of statement Ex.PW21/A.

7. Further, the case of the prosecution is that PW-16 Rohit Rathour, Sub Divisional Magistrate, Kullu, also recorded statement of the victim at about 3.55 AM on 02.08.2015 in RH Kullu. He recorded the statement through videography using his mobile phone and then jotted down its transcript Ext. PW-16/A on paper. Got every page of it thumb marked from the victim and in the end made an endorsement to the following effect: -

“It is further clarified that the declarant Smt. Girija Devi was fit to make statement and it contains a correct and faithful recording of the statement made by her.”

The victim implicated appellants through her statement Ext. PW-16/A.

8. Remaining investigation was completed and “Challan” was filed before the Court. Appellants Karam Chand and Maya Devi were charged for commission of offence under Section 302 , 498-A read with Sec

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HIGH COURT OF HIMACHAL PRADESHMS. JUSTICE SABINA, MR. JUSTICE SATYEN VAIDYA, JJKARAM CHAND – AppellantVersusSTATE OF HIMACHAL PRADESH – RespondentCRIMINAL APPEAL No.132 of 2018 | CRIMINAL APPEAL No. 587 of 2017

Credible dying declarations can substantiate convictions if they are made by a declarant in a fit mental state, excluding the need for corroboration when confidence in their truthfulness is established.

Cases Referred (1)

HIGH COURT OF HIMACHAL PRADESH
MS. JUSTICE SABINA, MR. JUSTICE SATYEN VAIDYA, JJ
KARAM CHAND – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent
CRIMINAL APPEAL No.132 of 2018 | CRIMINAL APPEAL No. 587 of 2017