Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: ss.302 498-A - Dowry death - 100% burn injuries - Dying declaration 34 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: ss.302, 34, 498-A - Dowry death - 100% burn injuries - Dying declaration - Four accused - Dying declaration was recorded before the Magistrate after the doctor certifying fitness of the victim - Trial court did not believe the testimony of Magistrate on the ground that in his cross-examination he stated that he could not say whether the deceased was semi- conscious at the time of making statement - Trial court also relied . upon the testimony of PW-4 brother of deceased to the effect that the appellant was with him at the time of incident - Acquittal by trial court - High Court relied upon the dying declaration and convicted the appellants - Appeal against conviction - Held: In view of the specific certification by the Doctor about the fitness of the deceased that she remained fit while recording the statement, the mere fact that she had suffered 100% burns would not, ipso facto, lead to the conclusion that the deceased was unconscious or that she was not in a proper state of mind to make a statement - Magistrate had taken due precautions and in/act medical officer remained present when the dying declaration was being recorded - There was no reason to discard the dying declaration - Moreover, records show that it was appellant-husband who took the victim to the hospital and got her admitted and, therefore, version of PW-4 was wrongly accepted by trial court - High Court rightly held that PW-4 appeared to have been won over by appellant - No reason to interfere with the order of conviction. Evidence: Dying declaration made to magistrate - Evidentiary value, discussedCode o.f Criminal Procedure, 197 3: s.378 - Appeal against order of acquittal - Scope of interference - Held: The appellate court is within its power to reappreciate or review the evidenceon which the acquittal is based - On reconsideration of the evidence A on record, if the appellate court finds the verdict of acquittal to be perverse or against the settled position of law, it is duly empowered to set aside the same - On the other hand, if the trial court had appreciated the evidence in right perspective and recorded the findings which are plausible and the view of the trial court does B not suffer from perversity, simply because the appellate court comes to a different conclusion on the appreciation of the evidence on record, it will not substitute its findings to that of findings recorded by the trial court - All precautions were taken by concerned authorities before and while recording her statement - After the completion of her statement, the Doctor made an endorsement to c the effect that the deceased remained fit during the recording of her statement and it is only thereafter the Magistrate (PW-11) appended his signature categorically stating that the statement recorded by him was true version of what the deceased had spoken and he had stated in unambiguous terms that she was fit to make D statement and remained fit till her statement was recorded. Witnesses: Hostile witness - Peculiar behaviour of witnesses turning hostile - Situations when witnesses retract their statements before the court and turn hostile - Discussed. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2016 INSC 1049 |
Petitioner | Ramesh And Others |
Respondent | State Of Haryana |
SCR | [2016] 8 S.C.R. 936 |
Judgement Date | 2016-11-22 |
Case Number | 2526 |
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