RAKESH KUMAR versus STATE OF HARYANA

Citation: [2009] 3 S.C.R. 1190 · Decided: 06-03-2009 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2009] 3 S.C.R. 1190 
--. 
,, 
A 
RAKESH KUMAR 
v. 
ST ATE OF HARYANA 
(Criminal Appeal No. 446 of 2009) 
B 
MARCH 6, 2009 
[DR. ARIJIT PASAYAT AND ASOK KUMAR 
GANGUL Y, JJ.] 
Penal Code, 1860 - ss. 304-8 and 498-A - Conviction 
c by Courts below - On the basis of evidence of complainant 
and letters written by the deceased - Held : Conviction was 
in disregard of dying declaration recorded by Executive 
Magistrate, and on the basis of letters which were conclusively 
established not written by the deceased - Therefore, not 
D sustainable. 
Appellant-accused was convicted ulss. 304-8 and 
498-A IPC by trial court alongwith co-accused. High Court 
affirmed his conviction, while setting aside those of the 
E co-accused. It observed that investigation was lethargic 
and an attempt was made to screen the truth. 
In appeal to this Court appellant-accused contended 
~ 
that courts below lost sight of evidentiary value of dying 
declaration; that letters relied on were conclusively 
F established to have not been written by the deceased; 
and that there was delay of 26 days in lodging FIR. 
Allowing the appeal, the Court 
G 
HELD: It is correct that shoddy investigation cannot 
be a foundation for the accused persons to take 
• 
advantage of shoddiness. But in the instant case, there 
was no material brought on record by the prosecution to 
establish the accusations so far as the present appellant 
is concerned. There was a dying declaration recorded by 
H 
1190 
RAKESH KUMAR v. STATE OF HARYANA 
1191 
....,,. 
• 
the Executive Magistrate, who was present at the hospital. 
A 
The authenticity of the dying declaration has not been 
questioned. It is the stand of the prosecution that police 
officer should have recorded it. But that cannot be a 
ground to discard the dying declaration recorded by the 
Executive Magistrate. Additionally, the prosecution laid 
B 
great emphasis on the letters purported to have been 
written by the deceased to her relatives. Here again, 
handwriting expert's report clearly shows that the letters 
were not in the handwriting of the deceased. Above being 
the position, there is no evidence brought on record by c 
the prosecution to establish the accusations. [Paras 5 
and 6] (1193-G, H; 1194-A, B] 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal 
No. 446 of 2009. 
' 
D 
From the Judgment and Order dated 15.2.07 passed by 
High Court of Punjab & Harayna, at Chandigarh in Criminal 
Appeal No. 605 of 1996. 
K.V. Viswanathan, H.P. Sahu Abhisth Kumar for the 
E 
Appellants. 
Manjit Singh, T.V. George for the Respondent. 
• 
The Judgment of the Court was delivered by 
DR. ARIJIT PASAYAT, J. 1. Leave granted. 
F 
2. Challenge in this appeal is to the judgment of a learned 
Single Judge of the Punjab and Haryana High Court. Two 
appeals were disposed of by a common judgment. While the 
appeal filed by the appellant i.e. Criminal Appeal No.605-SB 
G 
of 1996 was dismissed, the appeal i.e. Criminal Appeal 
No.542-SB of 1996 filed by the co-accused persons was 
allowed. The appellants before the High Court were convicted 
and sentenced to undergo rigorous imprisonment for vario.us 
terms and fine for alleged commission of offences punishable 
H 
\ 
1192 
SUPREME COURT REPORTS 
[2009] 3 S.C.R. 
-
A under Sections 304-8 and 498-A of the Indian Penal Code, 
• 
18El0 (in short the 'IPC'). Allegation was that Kusum Lata who 
was daughter of Om Prakash (PW-2) and was married to the 
present appellant on 19.4.1988 had received severe burns in 
an accident which took place on 21.9.1991 in the matrimonial 
B home at Ambala City. On 24.9.1991 she succumbed to the 
injuries in the Post Graduate Institute of Medical Education and 
Research, Chandigarh (in short the 'PGI'). The deceased was 
taken to the Civil Hospital, Ambala after the incident from where 
• 
a ruqa was received by the pol.ice on the basis of which D.D.R. 
c was recorded. The police tried to record the statement of the 
deceased, but she was found to be not totally fit. As her 
condition was critical she was removed to PGI Hospital for 
treatment. On 22.2.1991 a dying declaration Exh. DA/4 was 
recorded by Executive Magistrate, Chandigarh. The police on 
D the basis of the dying declaration prepared a cancellation 
r~port. However, on the basis of grievance made by Om 
Prakash (PW-2) a First Information Report was registered on 
17.10.1991. After completion of investigation, charge sheet was 
filed and since the accused persons pleaded innocence, trial

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