LexRAJEEV KUMAR versus STATE OF HARYANA
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[2013] 12 S.C.R. 251 RAJEEV KUMAR v. STATE OF HARYANA (Criminal Appeal No. 967 of 2005) OCTOBER 31, 2013 [A.K. PATNAIK AND GYAN SUDHA MISRA, JJ.] PENAL CODE, 1860: A B s.304-8 - Dowry death - Held: One of the essential c ingredients of the offence of dowry death uls 304-8 is that the accused must have subjected a woman to cruelty in connection with demand of dowry soon before her death - In the instant case, contents of dying declaration do not establish that deceased was harassed for dowry soon before her death 0 - The statement of the father of deceased indicates that soon before the death, the appellant had subjected her to cruelty which was not in any way connected with the demand of dowry - As the essential. ingredient of s. 304-8 has not been established by the prosecution, trial court and High Court were E not correct in holding the appellant guilty of offence of dowry death uls 3048, /PC - Evidence Act, 1872 - s.113-8. ss.498-A and 306 - Cruelty and abetment of suicide - Held: The dying declaration of the deceased as well as the evidence of her father are sufficient to establish that the F appellant used to fight on petty issut?s and give beatings to the deceased, which drove her to commit suicide -- This is, therefore, a clear case where the appellant had committed offences punishable ulss 498A and 306 - Appellant convicted u/ss 498-A and 306 and sentenced to imprisonment for one G year under the first count and imprisonment for 3 years under the second count - Evidence Act, 1872 - s. 113-A. DYING DECLARATION: 251 H 252 SUPREME COURT REPORTS [2013] 12 S.C.R. A Victim of bum injuries - Doctor who examined the injured in hospital gave a certificate that she was fit to give statement - Larynx and trachea found by post mortem doctor charred by heat - Held: The opinions of the two medical experts are not in variance of the ocular evidence that the deceased was B in a position to speak when her dying declarations were recorded -- Therefore, the two dying declarations can be relied on by the court - Medical Jurisprudence. The daughter of PW5 was married to the ar>pellant on 28.1.1989. On 26.2.1991, she received burn injuries in her C matrimonial home and succumbed to the injuries in the hospital. Prior to her death, at 11.20 P .M. on the same date, she gave her statement to the ASI (PW9) that earlier the appellant used to tease her for dowry, and he used to taunt her on petty matters and because of this she D sprinkled kerosene on her and set herself on fire. This statement was registered as the FIR. Soon thereafter, the Judicial Magistrate (PW 8) recorded her statement u/s 164 Cr.P.C. in which she reiterated her statement given to the police. The trial court convicted the appellant u/s 3048 E IPC and sentenced him to RI for 7 years and a fine of Rs. 2,000/-. The High Court declined to interfere. In the instant appeal filed by the accused, it was contended for the appellant that the larynx and trachea F of the deceased were charred by heat and burns and, as such, she was not able to speak and the doctor (PW 2) was also not present at the time of recording the statements of the deceased and, therefore, the dying declarations should not be relied on; and that, in any G case, the finding of the courts below that the appellant was harassing the deceased for dowry was not correct. Allowing the appeal in part, the Court HELD: 1.1 It is clear from the evidence of the PW-2, H the doctor, who gave the fitness certificate, and PW-8 and RAJEEV KUMAR it. STATE OF HARYANA 253 PW-9, (the Judicial Magistrate and the ASI, respectively, A who recorded the statements of the deceased), that at the time the statements of the victim were recorded by them, she was in a fit condition to make the statement. When, however, the post mortem was carried out on 27.02.1991 by PW-7 at 4.00 P.M. he found that the larynx and trachea B of the deceased were charred by heat. PW-7, in his statement has clarified that when the larynx and trachea are charred, the person cannot speak, but when the larynx and tracheae are in the process of being charred, the person can speak. DW-5, the doctor examined by the c accused has given his opinion that if the vocal chord of larynx is charred, such person may be able to speak, but not clearly, and it will be difficult to understand. The opinions of the two medical experts, therefore, are not in variance of the ocular evi
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