LexSTATE OF RAJASTHAN versus PARMENDRA SINGH
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[2009] 7 S.C.R. 405 ...... \ STATE OF RAJASTHAN A V. PARMENDRA SINGH ... Criminal Appeal No. 183 of 2003 MAY 4, 2009 [DR. ARIJIT PASAYAT AND ASOK--KUMAR B GANGULY, JJ.] .. _ i Evidence: Dying declaration - Acquittal by High Court on the ground that dying declarations were not reliable - Correctness of - Held: Not correct - In a/I dying declarations c name of accused was specifically mentioned and role played by him was categorically discussed. The High Court reversed the order of conviction and acquitted the accused on the ground that the dying declarations were not reliable. Hence the appeal by State. D Allowing the appeal, the Court HELD:1. The High Court observed that the first dying declaration was to be disbelieved on the ground that there was no endorsement that the deceased was in a fit E condition to give statement. Mere non-observance of the . procedure indicated does not render the dying declaration .,.. suspect. So far as the first dying declaration is concerned, ;,.. it was recorded at about 3.00 p.m. and the incident took - place around 2.00 p.m. The first dying declaration was F recorded by the doctor. The,second was recorded by the SHO. Third was recorded by the Sub-Inspector in the presence of doctor and two others. Finally, the fourth dying declaration was recorded before (PW-13) ADM and Assistant Collector in the presence of doctor. In the last dying declaration it was noted by the doctor that the G __ ,_ ... patient was in a fit condition to give statement. [Para 4] [ 407 -G-H; 408-A-D] Laxman v State of Maharashtra 2002 (6) SCC 710 - relied on. 405 H ~ 406 SUPREME COURT REPORTS (2009] 7 S.C.R. A 2. There is no material to show that the dying declarations were the result of tutoring or prompting. In all the dying declarations, the respondent was specifically named, and the role played by him was categorically described. That being so, the High Court was not justified B in directing acquittal. [Paras 5, 6] [408-E-F] Case Law Reference 2002 (6) sec 11 o relied on Para 4 C CRIMINALAPPELLATE JURISDICTION: Criminal Appeal No. 183 of 2003 D E From the Judgement and Order dated 21.08.2001 of the Hon'ble High Court of Rajasthan at Jodhpur in D.S. Crl. Appeal No. 474 of 1998 Manish Singhvi, AAG, Milind Kumar, Sandeep Bajaj, for the Appellant. Doongar Singh, V.J. Francis, Anupam Mishra, for the Respondent. The Judgement of the Court was delivered by DR. ARIJIT PASAYAT, J. 1. Challenge in this appeal is to the judgment of a Division Bench of the Rajasthan High Court, Jodhpur, directing acquittal F of the respondent who faced trial alongwith two others namely, Smt. Keshar Kanwar and Tara Devi. They faced trial for alleged commission of offences punishable under Sections 302, 498- A, 201, 12o~s of the Indian Penal Code, 1860 (in short the 'IPC'). The trial Court acquitted the accused Keshar Kanwar from the G charges relatable to Section 498-A, 302/34, 201/34 and 120-B IPC. The accused Tara Devi was acquitted from the charges under Section 498-A and 120-B. Respondent Parmendra Singh was acquitted from the charges under Sections 120-B and 201 read with Section 34 IPC but he was sentenced to undergo life H • STATE OF RAJASTHAN V. PARMENDRA SINGH. 407 [DR ARfJIT PASAYAT, J.] +-,. imprisonment and three years RI for the offences punishable A under Section 302 and 498-A IPC respectively. ) 2. Prosecution version as unfolded during trial is as follows: ~ On 1st February, 1992 Dr. Khushiram Tewani (PW-30) was ~ working at the post of Medical Officer, lncharge at Primary Health B Centre, Bagaur. In the afternoon on that day S.H.O., Bagaur brought Lalita, wife of respondent in burnt and unconscious ..__.., condition for medical treatment. Lalita was admitted in. the ' _., Primary Health Centre by him and initial treatment was given to her. In this regard, a slip Ex.Pc58 was prepared. Lalita's body c was received with more than 80% burn injuries and considering her condition he could not give her medical treatment due to lack of resources. Therefore, within half an hour she was referred to District Hospital, Bhilwara. According to Ex.P-58 at 3.05 in ~ the afternoon Lalita was brought before him. D "' There were several stat ments of the deceased which were treated as dying declarations. -( The trial Court found the accused guilty,. convicted and sentenced as noted above basing on the dying declarations.
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