LexSHINDO ALIAS SAWINDER KAUR AND ANR. versus STATE OF PUNJAB
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-- [2011] 4 S.C.R. 117 SHINDO ALIAS SAWINDER KAUR AND ANR. V. STATE OF PUNJAB (Criminal Appeal No. 1902 of 2010) MARCH 31, 2011 [HARJIT SINGH BEDI ·AND CHANDRAMAULI KR. PRASAD, JJ.] A B Penal Code, 1860: ss. 3048, 498A - Dowry death - Allegation that sister-in-law and mother-in-law of the victim- C deceased poured kerosene on her and lit fire as she could not satisfy their demand for dowry - Dying declarations recorded by the police officer and the Magistrate - Trial court did not find dying declarations reliable for the reason that the deceased had suffered 100% burn injuries and would not D have been in a position to give dying declarations - Order of acquittal - High Court endorsed the view of trial court that both the dying declarations were not reliable, however, relying on the evidence of father of the deceased held that the demand for dowry soon before the death had been made and as the E death was unnatural, the ingredients of s.3048 were spelt against the accused - Conviction - On appeal, held: In statement made uls.161, Cr.P.C., the father of the deceased admitted that allegation of dowry demand was not made by him - Improvement made in his evidence in court clearly F spelt out a case of doubt with regard to the veracity of his evidence - There was no reference whatsoever to the accused-appellants either to demand of dowry or their involvement in any manner - The doctor who gave fitness certificate to the deceased for making statement was not cited G as a prosecution witness - The evidence of the doctor (who gave post mortem report) was general in nature with regard to the capacity of 100% burnt victim to make a statement - No doubt, death was unnatural and had taken place within 117 H 118 SUPREME COURT REPORTS [2011] 4 S.C.R. A seven years of the marriage but the third ingredient of dowry demand soon before the death was not proved - In this view of the matter, the presumption u!s. 1138 of the Evidence Act could not be raised - Conviction set aside - Evidence Act, 1872 - s.1138. B CRIMINAL AP PELLA TE JURISDICTION : Criminal Appeal No. 1902 of 2010. From the Judgment & Order dated 17.2.2010 of the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal C No. 394-DBA of 2011. D E N. Rai, Tara Chandra Shrama and Neelam Sharma for the Appellants. Kuldip Singh for the Respondent. The following Order of the Court was delivered ORDER This appeal arises out of the following facts: On the 19th March, 1999 ASI Gurmit Singh posted at police station, Mehta received information from the Guru Nanak Dev Hospital, Amritsar to the effect that one Balbir Kaur was lying admitted in the hospital with severe burn injuries. The F police officer rushed to the hospital at about 8.15 p.m. and found her lying admitted in the 5th Surgical Ward. An application was thereafter moved by the police officer seeking the opinion of the doctor regarding her fitness to make a statement as her condition was critical. The ASI then went on G to record the statement (Ext.PC). In her statement Balbir Kaur stated that she had been married with Jarnail Singh about three years prior to the date of t_he incident and two children had been born from the marriage and that during the course of the deliberations before the marriage and even thereafter several H articles of dowry had been given to satisfy the demands of the -- -- SHINDO ALIAS SAWINDER KAUR AND ANR. v, 119 STATE OF PUNJAB two accused Shindo-her mother-in-law and Paramjit Kaur-her A married sister-in-law. She further stated that on account of the harassment meted out to her by the two accused an additional sum of rupees one lakh had been obtained by her from her father and handed over to them. She further went on to say that at about 2.20 p.m. on that date the two accused who were B present along with her in the house had asked her to bring more money from her parents but she had replied that as tier father had already given sufficient dowry as per his status nothing more would be brought by her and this had apparently annoyed the accused and whereas Shindo had poured kerosene oil on c her, Paramjit Kaur had set her alight causing severe burn injuries. She further stated that on receiving information about the happening, her husband Jarnail Singh had rushed back from his shop and after arranging a vehicle had taken her to Amritsar and had got her admitted to the hospital. On the very next
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