SATPAL versus STATE OF HARYANA

Citation: [2021] 2 S.C.R. 493 · Decided: 03-03-2021 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Leave Granted & Dismissed

Judgment (excerpt)

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SATPAL
v.
STATE OF HARYANA
(Criminal Appeal No. 261 of 2021)
MARCH 03, 2021
[ASHOK BHUSHAN AND R. SUBHASH REDDY, JJ.]
Indian Penal Code, 1860:
s. 302 – Prosecution under – Death caused by husband of
wife by setting her ablaze – Dying declaration recorded by
Magistrate – Conviction by courts below – Appeal to Supreme Court
– Held: The dying declaration is natural and the same is
corroborated by statements of PWs 5 and 6 – The evidence clearly
establishes the guilt of the accused beyond reasonable doubt –
Conviction affirmed.
Dismissing the appeal, the Court
HELD: 1 On coming to know that the deceased was
admitted to hospital with the burn injuries, as informed by the
police, the ASI went to the hospital along with other police
officials. When it was noticed that the deceased has suffered 90
per cent injuries and was in a fit condition to make a declaration,
he sent a request to the concerned Magistrate, upon which, the
Judicial Magistrate, First Class, recorded the statement of the
deceased. In her dying declaration, she has clearly stated that
the appellant has poured Kerosene Oil on her and set her ablaze.
Though, the family members of the appellant were also
chargesheeted, they were subsequently discharged. [Para
13][497-C-E]
2. The dying declaration looks natural and there is no reason
to disbelieve the same. In addition to the dying declaration, the
statements of PW-5 and PW-6, who are mother and maternal uncle
respectively of the deceased, corroborate the case of prosecution.
It is clear from their statements that the deceased was tortured
at the hands of the appellant and his family members. The
Magistrate in her deposition, has clearly stated that the relatives
[2021] 2 S.C.R. 493
493
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SUPREME COURT REPORTS
[2021] 2 S.C.R.
of deceased were not there at the time of recording dying
declaration of the deceased. Merely because the parents and other
relatives of the deceased were present in the Hospital, when the
statement of the deceased was recorded, it cannot be said that
the said statement was a tutored one. Merely because they were
in the hospital, the same is no ground to disbelieve the dying
declaration, recorded by the Magistrate. The dying declaration
along with the depositions of PW-5, PW-6 and other witnesses
clearly establishes the guilt of the appellant, beyond reasonable
doubt. [Paras 14 and 16][497-F-H; 498-B-D]
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
261 of 2021
From the Judgment and Order dated 05.09.2016 of the High Court
of Punjab and Haryana at Chandigarh in Criminal Appeal No. D-147-
DB of 2010.
Mrs. Nanita Sharma, Adv. for the appellant.
Deepak Thukral, Dy.A.G., Gautam Sharma, Dr. Monika Gusain,
Advs. for the respondent.
The Judgment of the Court was delivered by
R. SUBHASH REDDY, J.
1. Leave granted.
2. This appeal has been filed by the accused in Session Case
No.20 of 2008, on the file of the learned Additional Sessions Judge,
Yamuna Nagar at Jagadhri, aggrieved by the judgment and order dated
05th September, 2016, passed by the High Court of Punjab and Haryana
at Chandigarh, whereby, his conviction and order of sentence, for offence
under Section 302 of the Indian Penal Code (IPC), was confirmed.
3. On information received from J. P. Hospital, Yamuna Nagar,
regarding admission of the deceased, Pooja Rani, on account of burn
injuries, a case was registered in FIR No. 112 on 20.03.2008, initially
under Section 307 read with Section 34 of the Indian Penal Code and on
death of Pooja Rani i.e. on 27.03.2008, Section 302 of the Indian Penal
Code was added. On receipt of information, Mr. Ishwar Singh, A.S.I. of
Police Station City, Yamuna Nagar, went to the J. P. Hospital along with
other police officials and noticed that the deceased suffered 90 per cent
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injuries and at that stage, she was declared fit to make statement. On
the request of the police, Ms. Kumud Gugnani, Judicial Magistrate, First
Class, Yamuna Nagar, Jagadhri, recorded the statement of deceased,
Pooja Rani.
4. In the declaration, recorded by the Judicial Magistrate, First
Class, Yamuna Nagar, Jagadhri, the deceased has stated that the appellant
/ accused has poured kerosene oil and set her ablaze. After investigation,
Charge-Sheet was filed against the appellant / accused and three others
namely Kamlesh, Mitter Sain and Anjali, mother-in-law, brother-in-law
and sister-in-law respectively of the deceased. However, vide order dated
12.08.2008, the other accused 

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