PAWAN KUMAR versus STATE OF HARYANA

Citation: [2001] 2 S.C.R. 389 · Decided: 13-03-2001 · Supreme Court of India · Bench: U.C. BANERJEE · Disposal: Dismissed

Judgment (excerpt)

._... 
PAWANKUMAR 
A 
~ 
V. 
STATE OF HARYANA 
MARCH 13, 2001 
[U.C. BANERJEE AND K.G. BALAKRlSHNAN, JJ.] 
B 
_;t 
Evidence Act, 1882 : 
Suicide-By married ivonian-A.hetment r~f-Presurnption as f(J-Do1v1y 
torture-lie Id: In the circumstance o,f the case, accused co1n1ni1ted cruelty c 
toivards his deceased-1v~fe-Hence, High Cou1t rightly presunied accusPd abet-
red suicide uf his wife-Penal Code, 1860, Ss. 306, 498-A, 201and193. 
Criminal Trial : 
l'ircumstantial Evidence-Conviction based upon-Just~fication by-
D 
field: Chain of events 1nust be so complete as to leave no doubt that the act 
is done by the accused person-\Vlzile it is true that there should be no rnissing 
links but every link ne~d not appear on the suiface o.fthe evidence, since so1ne 
links may only be infelTe:.
1f1vm proven fact-St1vng s~tspicion is not sufficient 
to justify conviction-Where t\vo vie111s are possible the one in favour of tlze 
-;_ 
accused must be accepted. 
E 
The appellant-accused was convicted by the trial court for offences 
under Sections 306, 498-A, 201 and 193 of the Penal Code, 1860. The 
conviction was upheld by the High Court. Hence this appeal. 
According to the prosecution, the appellant's ,vjfe was subjected to 
F 
frequent dowry harassments as a result of which there was a strained 
relationship between them. On the fateful day; the appellant's wife was 
found lying burnt in her kitchen and the Assistant Sub-inspector of Police 
recorded her dying declaration in which she had stated that nobody was 
responsible for the fire which was accidental. However, the trial court and 
G 
the High Court rejected the dying declaration and held the appellant guilty 
of abetment of suicide. 
> 
On behalf of the appellant it was contended that the dying dcclara-
... 
tion itself would negate any suicidal death but depicted a clear accidental 
·· incident resulting iu the death of the deceased. 
H 
389 
390 
SUPREME COURT REPORTS 
[2001] 2 S.C.R. 
A 
Dismissing the appeal, the Court 
B 
HELD : 1.1. Success of the prosecution on the basis of circnmstantial 
evidence "ill depend on the availability of a complete chain of events so as 
not to leave any doubt for the conclusion that the act must have been done 
by the accused person. While, however, it is true that there should he no 
missing links, in the chain of events so as far as the prosecution is con• 
cerned, it is not that every one of the links must appear on the surface of 
the evidence, since some of these links may only be inferred from the 
proven facts. Circumstances of strong suspicion without, however, :any 
conclusive evidence are not sufficient to justify the conviction and it is on 
C 
this score that great care must be taken in evaluating the circumstantial 
evidence. In any event, on the availability of two inferences,. the one in 
favour of the accused must be accepted. [391-G-H] 
D 
E 
State of U.P. v. As/wk Kumar Srivastava, AIR (1992) SC 840, referred 
to. 
I. I. The evidence on record, ascribed to be circumstantial, ought to 
justify the inference of the guilt from the incriminating facts and circum· 
stances, which are incompatible with the innocence of the accused or gnilt 
of any other person. [392-F] 
Ba/winder Singh v, State of Punjab, AIR (1987) SC 350, relied on. 
2.1. The circumstances in the contextual facts and the materials on 
record substantiate the requirements of Section 113-A ofthe Evidence Act, 
1882 and ha,ing regard to the language used in Section 498-Aof the Penal 
F 
Code, 1860 it is clear that cruelty is written large as regards the conduct of 
the appellant towards bis deceased-wife. [397-D] 
G 
H 
2.2. The death of the deceased was caused by burn injuries only and 
having considered the nature of injuries and since one cannot hut rule out 
an accidental death, the death of the deceased cannot but he attributed to 
be suicidal on the basis of the circumstances as are available on record 
with the situation existing and ha,ing regard to statutory presumption, 
this Court cannot hut lend concurrence to the opinion expressed by the 
High Court. The circumstances pointedly point out the accused as a guilty 
person as an abettor and on the wake of the aforesaid the order of convic-
tion cannot be interfered with. [397-H; 398-A-B] 
--· 
PAWAN KUMAR v. STATE [BANERJEE, J.] 
391 
Balwinder Singh v. Stale of Punjab, AIR (1996) SC 607; Lakhjit Singh 
A 
v. Stale of Punjab, (1994) Supp. I SCC 173; State of Punjab v. Gurdip Sing/' 
(1996) 7 SCC 16

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