LexOM PARKASH ETC. ETC. versus STATE OF PUNJAB
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+ OM PARKASH ETC. ETC. v. STATE OF PUNJAB AUGUST 19, 1992 [K. JAYACHANDRA REDDY AND N.P.SINGH, JJ.] i Penal Code, 1860-Sections 302, 34-Conviction under-Dowt death-Dying declaration of victim-Validity of. . A Evidence Act, 1872-Section rAppreciation of evidence-Death due to bum injurie~Whether suicid~ or homicide-Detennination of-Court's C duty. Criminal Trial-Appreciation of evidence-Death due to bum in- jurie~Whether suicide or homicide-Detennination of-Court's duty. , The prosecution case was that in the morning, on 17.3.1979 the D deceased went to the house of her sister (PW. 6). PW. 6's house was in front of the house of the deceased. The deceased told PW. 6 that the appellants were compelling her to bring money from her parents. The appellant in Cr. A. No. 282 of 1981 was the husband, and the E appellants in Cr.A.No.230of1981 were the mother-in-law and the father- in-law of the deceased. At about 2.30 p.m. on 17.3.1979 the deceased was in her room in the house of the appellants. Her husband along with other co-accused includ· ing his two sisters caught hold of the deceased and brought her in the F inner compound of the house. Her father-in-law said that she should be burnt. The mother-in-law brought the kerosene oil and sprinkled it on her body. Then deceased's husband set her on fire. She raised the cries 'save ·, me, same me'. Her sister (PW 6) came there along with her father-in-law (PW 7). They found that the inner door of the house was closed fro~ inside. They pushed the door and entered. At that very time PW 8 and on~ G Kulbir Chand hearing the cries also entered the house. Seeing the wit· nesses, the accused persons ran away to the upper storey of the house. The witnesses extinguished the fire and enquired from the deceased regarding the occurrence. She told them as to how she was burnt by her husband with the help of her mother-in· law, father-in-law and two sister-in-laws. H 921 l 922 SUPREME COURT REPORTS [1992] 3 S.C.R. A PW.6 brought the ambulance car and victim was taken to hospital. ~ Police was informed. ASI came to the hospital. Obtaining the opinion of the Doctor as to whether the deceased was fit to make a statement, he recorded the statement of the deceased giving the details of the occur- ' . rence. That statement was treated as the first information report. The 13 deceased succumbed to her injuries on 29.3.1979. After investigation the charge-sheet was submitted against the three appellants along with the two sisters of the appellant in Cr .A.No.282 of 1981. c The Trial Court convicted the appellant in Cr .A.No. 282 of 1981 under section 302 of the Penal Code, and the High Court dismissed his appeal made against the conviction order. He was sentenced to undergo - rigorous imprisonment for life. He was also directed to pay a fine of Rs. 5,000 in default to undergo rigorous imprisonment for two years. The ' + Trial Court acquitted his mother, father and two sisters of the charges D levelled against them. On an appeal filed on behalf of the State, the High Court set aside the order of acquittal passed against the mother-in-law and father-in-law of the deceased. They were also convicted under section 302 read with section 34 of the Penal Code. Each one of them was sen- tenced to undergo rigorous imprisonment for life and to pay a fine of Rs. E 5,000 in default thereof to undergo rigorous imprisonment for two years. In these criminal appeals, the appellants challenged the judgments of the High Court. The appellants submitted that it was always open to the court to ~ F convict the accused on the basis of a dying declaration but before any such ..__ order of conviction was passed the Court must be satisfied that the dying declaration said to have been ~ade by tile Yictim before death was genuine ""'. and truthful; that in this case the dying declaration which was said to have been made by the deceased before ASI did not appear to be a genuine and G natural statement; that because (If the burn injuries the deceased must not have been in a position to make any such declaration; that reading the dying declaration as a whole it did not inspire confidence because a person with burn injuries could not make such a detalied statement; and that the ~· deceased committed suicide and the appellants were falsely implicated. H Dismissing the appeals, this C_ourt, ~ OM PARKASH v. STATE OF PUNJAB 923 ~ HELD : 1.01. Unle
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