280
A
SOM NATH
v.
STATE OF HARY.l\NA
March 31, 1980
[V. R. KRISHNA IYER AND E. S. VENKATARAMIAH, JJ.]
B
Indian Evidence Act Section 32-Dying Declaration-Value of.
c
D
E
F
G
H
The petitioner was found guilty of burning his wife by the Courts below.
By Special Leave Petition, the Petitioner sought to discredit the dying declara··
lions.
Dismissing the petition,
HEID : Concurrent findings of fact cannot be disturbed on enormity of
improbability. The dying declarations under Section 32 of the Evidence Act,
are the groaning utterances of a dying woman in the grip of dreadful agony
which cannot be judged by the standards of fullness of particulars which wit-
nesses lll.3;Y give in other situations.. To discredit such dying declarations for
shortfalls here and there or even in many places, is unrealistic, unnatural and
unconscionable, if basically there is credibility. [280E-G]
CruMINAL
APPELLATE
JURISDICTION
: Special Leave Petition
(Cr!.) No. 3478 of 1979.
From the Judgment and Order dated 10-8-197.9 of the Punjab &
Haryana High Court in Criininal Appeal No. 427/77.
N.C. Ta/ukdar, J.P. Malhotra and J.D. Jain for the Petitioner
The Order of the Court was delivered by
KRISHNA IYER, J., Wife burning-that atrocious species of murder
horrendously escalating in some parts: of this country-is the shocking
crime proved, according to two courts, by the prosecution in this case.
Concurrent findings of fact cannot be disturbed save on enormity of
improbability which we are unable to see in the present case. The
three dying declarations corroborated by other circumstances are .
sufficient in our view to bring home the offence. Counsel has sought
to discredit these declarations relevant under s. 32 of the Evidence Act ~
forgetting that they are the groaning utterances of a dying woman in
the grip of dreadful agony which cannot be judged by the standards
of fullness of particulars which witnesses may give in other situations.
To discredit such dying declarations for shortfalls here or there or
even in many places is unrealistic, unnatural and unconscionable if
basically there is credibility. The terrible in this case has taken place
in the house and in the presence of the husband who has been con-
victed. · We hardly see any reason for interfering with this conviction,
and would have been shocked ourselves if any other course had been
adopted either by the trial court or by the High Court. Gender jus-
tice has a high place in Indian criminal jurisprudence. Dismissed.
N.K.A.
Petition dismissed.
'
Lex