JASWANT SINGH versus STATE (DELHI ADMN.)

Citation: [1979] 1 S.C.R. 777 · Decided: 14-09-1978 · Supreme Court of India · Bench: JASWANT SINGH · Disposal: Dismissed

Judgment (excerpt)

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777 
JASW ANT SINGH 
v. 
STATE (DELHI ADMN.) 
September 14, 1978 
[JASWANT SINGH AND P. S. KAILASAM, JJ.] 
Evidr11cc-Circun1stantial evidence, value of, in sustaining co1n·iction-Dying 
<leclaration not recorded by a Magistrate 1nusf be scrutinised closely. 
The appellant stood charged for trial under s. 302 of the I.P.C. for having 
·caused the death of his wife by sprinkling kerosene oil and setting her clothes 
to fire. 
The Addl. Sessions Judge relying on the dying declaraition which was 
corroborated by the circumstantial evidence of the narration about the incident 
by the deceased to her parents PW-I and PW-2 just before her death, tound 
him guilty of the offence with which he was charged and sentenced him to 
life imprisonment. The appeal preferred by the appellant to the High Court 
having proved abo1tive, the appelJant came up before this Court by special 
·ieave. 
Dismissing the appeal the Court, 
!-!ELD : { 1) The circumstantial evidence in order to susta>in conviction must 
be complete and must be incapable of explanation on any other hypothesis 
other than that of guilt of the accused. 
[781C-D] 
(2) The dying declaration which is not recorded by a Magistrate has to 
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be scn1tinised closely, but it is well settled that if the Court is satisfied on a 
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cl05e scrutiny Of the dying declaration that it is truthful it is open to the 
Court to convict the accused on its basis without any independent corroboration. 
[781DJ 
Khushal Rao v. The State of Bombay, [1958] SCR 552; Lallubhai Dcvchand 
Shah & Ors. v. The Stat~ of Gujarat, [1971] 3 SCC 767; Vithal Sanuiath Kore 
v. State of Maharashtra, [1978] I S.C.C. 622, referred to. 
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(3) (a) In the instant C&Se there is no direct evidence regarding the guilt 
of the appellant and the prosecution case rests wholly on the circumstantial 
-evidence and the dying declarations made by the deceased before the Sub-
Inspector Din Dayal and Roshan PW-I and Phool Vati PW-2. 
[781B-CJ 
(b) On a careful consideration of the evidence it is clear that the dying 
cdeclaration Ext. PW 21/F, the genuineness of which is verified by Dr. Avtar 
Singh Gill PW-18 is truthful and e-0nvincing and it cannot be brushed aside 
merely on the ground that it was not recorded by a Magistrate especially when 
it was recorded by Sub-Inspector Din Dayal in the presence of the duty doctor 
viz. Artar Singh Gill at the time when the deceased was in great agony and 
the life in her was fast ebbing away. The testimony of the parents of the 
·<l•eeased viz. Roshan P.W. 1 aod Phool Vati PW-2 also lends strong corrobora-
·tion to tho dying declaration. They have categorically stated that the relations 
between the deceased and the appellant were strained as the latter was .ill-
:treaiting the former and was carrying on with another woman from Shahdara. 
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778 
SUPREME COURT REPORTS 
[1979] l s.c.R. 
The dying declaration also receives corroboration from the report 
of 
the-
Chemical Examiner and post mortem report of PW-11 which indicate that the 
cause of death of the deceased was shock and toximia due to bum-;. [78 lE-H, 
782A, E, F] 
( 4) The evidence in the instant case inevitably points to the conclusion thait 
it was the appellant and the appellant alone who intentionally caused the death 
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of the deceased and the plea sought to be raised by him that ti1e fire wrus 
accidental is an after thought and stands refuted not only from the recovery 
of the bottle· containing kerosene oil, burnt match sticks, match l:rox and halt-
burnt clothes of the deceased but ailso from the fact he did not come with 
this plea either to PW-4 or PW-5. 
[7820-H, 783Al 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 346 
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of 1974. 
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Appeal by Special Leave from the Judgment and Order dated 
23-10-73 of the Delhi High Court in Criminal Appeal No. 118 of 
1972. 
R. L. Kohli, Amicus Curiae for the Appellant. 
H. R. Khanna and R. N. Sachthey for the Respondent. 
The Judgment of the Court was de!iveNd by 
JASWANT SINGH, J.-This appeal by special leave is directed against 
the judgment and order dated October 23, 1973 of the High Court 
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of Delhi confirming the judgment and order dated July 29, 1972 of 
the Additional Sessions Judge, Delhi convicting the appellant under 
section 302 of the Indian Panel Code and sentencing him thereunder 
to imprisonment for life for causing the death of his wife. 
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Briefly stated, the circnmstances giving rise to this appeal are : 
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