LexPREMPAL versus STATF. OF HARYANA
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
,-
[2014] 7 S.C.R. 615
PREMPAL·
v.
STATF. OF HARYANA
(Criminal Appeal No. 2030 of 2012)
SEPTEMBER 3, 2014
[T. S. THAKUR AND R. BANUMATHI, JJ.]
A
B
Penal Code, 1860: s. 302 - Murder - Allegation that the
apoel/ant grappled his sister-in-law (victim2deceased) and
poured kerosene on her and set her ablaze - Victim-deceased C
taken to hospital where Tehsildar recorded her dying
declaration - Conviction based on dying declaration - Held:
The dying declaration was recorded by Tehsildar after
obtaining the certificate from the doctor regarding the fitness
of the deceased to give statement - In the evidence also, o
doctor stated that the deceased was conscious and in a fit
condition to give statement - There was nothing to show that
the deceased was tutored by her relatives to falsely implicate
the appellant - Doctor and Tehsi/dar categorically denied the
suggestion that deceased was tutored by relatives - Deceased E
and her husband were living separately and there was no
reason for her to falsely implicate her brother-in-law ~ PW7,
uncle of deceased stated that when he reached hospital, the
deceased informed him that appellant was the culprit - 'There
was no material inconsistency between the evidence o{ PW7 F
and the dying declaration - Courts below found the ;dying
declaration reliable and inspiring confidence - No rea$on to
interfere with the order of conviction - Dying declaratiqn.
Criminal jurisprudence: Death by burning - Held: In burn
injury cases, two possible hypothesis arise in the judicial mind G
- was it suicide or was it homicide - In cases where tlile dying
declaration projected by the prosecution gets credence, the
alternative hypothesis of suicide has to be jt,Jstifiab/y
eliminated.
·
615
H
616
SUPREME COURT REPORTS
[2014] 7 S.C.R.
A
Evidence: Dying declaration - Reliability of - Held: When
reliance is placed upon dying declaration, the court must be
satisfied that the dying declaration is true, voluntary and not
as a result of eithe'r tutoring or prompting or a product of
imagination - The Court must be further satisfied that the
B deceased was in a fit state of mind - If a dying declaration is
found to be reliable, then there is no need for corroboration
by any witness and cqnviction can be sustained on that basis
alone - In the instant case evidence of Tehsildar, the Doctor
and other witnesses was cogent and consistent that the
c deceased was coni~cious and in a fit state of mind to give
dying declaration Find courts rightly based the conviction
upon the same - When the courts below appreciated the entire
evidence in its right perspective, interference with conviction
order not called for.
D
The prosecution case was that on the fateful day, at
3 p.m., the appellant who was the brother-in-law of the
victim-deceased grappled the deceased and with the help
of his father pushed her aside and poured kerosene on
her and set her ablaze. The father of the appellant
E brought the deceased-daughter-in-law to the hospital
~ith 95% burn injuries on her body at 4 p.m. The
Magistrate after seeking opinion of the medical officer
regarding the fitness of the deceased to make statement,
F
recorded her statement in which she held her brother-in-
law responsible for the incident. The deceased died at
11.45 P.M. same day. The trial Court convicted the
appellant under SE!Ctions 302 and 354 IPC. The father-in-
law of the deceasied was, however, acquitted. The High
court confirmed the conviction of the appellant under
G Section 302, IPC :and acquitted him under Section 354
IPC.
H
In the instant appeal, it was contended for the
appellant that the deceased sustained 95% burns all over
PREMPAL v. STATE OF HARYANA
617
the body and there were deep burn injuries in fingers of. A
the hand and feet of the deceased and she died shortly
after recording of her dying declaration and it might not
have been possible for her to make a statement and trial
court and the High Court erred in relying upon her dying
declaration; that though PW-4, Tehsildar got the
certificate regarding fitness of the deceased to make the
statement, yet no specific certificate was obtained by him
that the deceased remained conscious throughout while
recording her statement; that there were two conflicting
statements by the deceased and in one statement before c
PW-4, Tehsildar, the deceased named only the appellant
whereas in the other statement before PW-7, she not only
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