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SUPREME COURT OF INDIA
B.R. Gavai, Pamidighantam Sri Narasimha, JJ.
Makhan Singh - Appellant
Versus
The State of Haryana - Respondent
Criminal Appeal No. 1290 of 2010
Decided On : 16-08-2022
.(A) Indian Evidence Act, 1972 – Section 32 – Dying declaration – Dying declaration can be sole basis for recording conviction and if it is found reliable and trustworthy, no corroboration is required – In case there are multiple dying declarations and there are inconsistencies between them, dying declaration recorded by higher officer like a Magistrate can be relied upon – However, this is with condition that there is no circumstance giving rise to any suspicion about its truthfulness – In case there are circumstances wherein declaration has not been found to be made voluntarily and is not supported by any other evidence, Court is required to scrutinize facts of an individual case very carefully and take a decision as to which of declarations is worth reliance. (Para 9)
(B) Indian Penal Code, 1860 – Section 304B – Dowry death – Conviction and sentence – There are two dying declarations which are totally inconsistent and contradictory to each other – Both are recorded by Judicial Magistrates – In her first dying declaration, deceased has exonerated appellant and his family members – Possibility of second dying declaration being given after tutoring by her relatives cannot be ruled out – On the basis of very same evidence, trial court, by giving benefit of doubt, has acquitted father and mother of appellant – In that view of matter, conviction of appellant on very same evidence, was improper – Benefit of doubt which has been given to other accused by trial court, ought to have been equally given to present appellant when evidence was totally identical against all three accused – Appellant is acquitted of all charges charged with. (Paras 10, 11, 15, 17, 19, 20 and 22)
Facts of the case:
Appellant has approached this Court being aggrieved by the judgment dated 15th May 2009 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.1189SB of 2002 vide which the High Court, though reduced the sentence awarded from 10 years to 7 years, but concurred with the judgment and order of conviction dated 13th/16th July 2002 recorded by the trial court in Sessions Case No. 55 of 1998 for offence punishable under Section 304B of the Indian Penal Code, 1860.
Findings of Court:
Judgment dated 15th May 2009 passed by High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.1189-SB of 2002 and judgment and order dated 13th/16th July 2002 passed by the trial court in Sessions Case No. 55 of 1998 are quashed and set aside.
Result : Appeal allowed.
JUDGMENT :
B.R. GAVAI, J.
1. The appellant-Makhan Singh has approached this Court being aggrieved by the judgment dated 15th May 2009 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.1189-SB of 2002 vide which the High Court, though reduced the sentence awarded from 10 years to 7 years, but concurred with the judgment and order of conviction dated 13th/16th July 2002 recorded by the trial court in Sessions Case No. 55 of 1998 for the offence punishable under Section 304-B of the Indian Penal Code, 1860 (for short ‘IPC’).
2. Deceased Manjit Kaur was married to the appellant-Makhan Singh on 28th January 1996. It is the prosecution case that the appellant used to demand dowry from the parents of the deceased Manjit Kaur. It is further the prosecution case that, succumbing to the demands of the appellant, an amount of Rs.30,000/- was paid to him by the parents of the deceased Manjit Kaur. The appellant again demanded an amount of Rs.2 lakhs. According to the prosecution, the appellant had utilized the said amount for going to Moscow. However, after coming back from Moscow in March 1998, he again tortured deceased Manjit Kaur and asked her to bring Rs.6 lakhs as he wanted to go to USA. According to the prosecution, deceased Manjit Kaur, fed up with the torture, consumed poisonous substance on 21st April 1998. Deceased Manjit Kaur was taken by the appellant initially to the Community Health Centre, Ladwa and thereafter, she was referred to L.N.J.P. Hospital, Kurukshetra. From L.N.J.P. Hospital, deceased Manjit Kaur was taken to a private Nursing Home of Dr. H.K. Sobti (PW-1) at Kurukshetra, wherein she was admitted.
3. Ms. Vani Gopal Sharma, Judicial Magistrate, First Class, Kurukshetra (DW-1) recorded the dying declaration of the deceased Manjit Kaur (Ex. DO/C), wherein the deceased stated that she was suffering from fever and since many medicines were lying on the Angithi, by mistake, she took medicine of green colour. It appears that thereafter, Kamlesh Kaur (PW-11) and Bhan Singh (PW-13), parents of deceased Manjit Kaur reached the hospital on the next morning. On 24th April 1998, they made a request for recording the statement of deceased Manjit Kaur under Section 164 of the Cr.P.C. On such a request being made, Ms. Kanchan Nariala, Judical Magistrate, First Class, Kurukshetra (PW-6) recorded the statement of deceased Manjit Kaur (Ex. PE) on 24th April 1998, wherein she stated that her husband had demanded Rs. 6 lakhs to go to USA. According to the said dying declaration (Ex. PE), the appellant as well as his parents administered the said poisonous substance to deceased Manjit Kaur. On the basis of the second dying declaration (Ex. PE), an FIR was registered on 25th April 1998. After the said dying declaration (Ex. PE) was recorded, Sub-Inspector Gurdwaya Ram (PW-14), Investigating Officer (for short ‘IO’) recorded her oral statement (Ex. PV) on 28th April 1998. On 28th April 1998, deceased Manjit Kaur was referred to PGIMS, Chandigarh, where she expired on 9th May 1998.
4. Upon completion of investigation, though on verification by K.K. Rao, DSP (DW-2) who found the accused innocent, Sub-Inspector Gurdwaya Ram (PW-14), IO was of the opinion that there were sufficient grounds for trial and therefore, he filed the chargesheet. Charges came to be framed for the offence punishable under Section 304-B of the IPC. At the conclusion of the trial, the trial court convicted the appellant under Section 304-B of the IPC. However, the trial court found that the other two accused, i.e., the parents of the appellant were entitled to get benefit of doubt and acquitted them. The appellant was sentenced to suffer rigorous imprisonment for a period of 10 years. In an appeal preferred by the appellant before the High Court, though the High Court confirmed the conviction under Section 304-B of the IPC, it reduced the sentence awarded to 7 years. Being aggrieved thereby, the present appeal.
5. We have heard Shri R.K. Ra
(1) Dying declaration – In case there are multiple dying declarations and there are inconsistencies between them, dying declaration recorded by higher officer like a Magistrate can be relied upon.(2)....
In case, there are multiple dying declarations and there are inconsistencies between them, generally, the dying declaration recorded by the higher officer like a Magistrate can be relied upon, provid....
The court reiterated the principles governing the admissibility and evidentiary value of dying declarations, emphasizing the need for careful scrutiny to ensure their genuineness and reliability.
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
Dying declarations may serve as the sole basis for conviction if deemed voluntary, consistent, and credible; inconsistencies must be assessed in light of surrounding facts.
The central legal point established in the judgment is the need for caution in relying on dying declarations, the importance of corroborative evidence, and the entitlement of the accused to the benef....
The main legal point established in the judgment is the admissibility and reliability of dying declarations, emphasizing the need for voluntariness, truthfulness, and corroboration, and the importanc....
Dying declarations can serve as the sole basis for conviction if they are consistent and credible; however, inconsistencies and lack of corroborative evidence can lead to reasonable doubt and acquitt....
Dying declaration – In cases where Court finds that there exist more than one dying declarations, each one of them must be examined with care and caution and only after satisfying itself as to which ....
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