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Tuesday, March 16, 2010

Dying declaration--If one or other quarter managed to hold back written opinion of Doctor from Court it cannot affect genuineness or correctness of dying declaration

- 2010(1) LAW HERALD (P&H) (DB) 462
IN THE HIGH COURT OF PUNJAB AND HARYANA
(DIVISION BENCH)
Before
The Hon’ble Mr. Justice Hemant Gupta
The Hon’ble Mr. Justice Jaswant Singh
Criminal Appeal No.719-DB of 2001 & Criminal Appeal No.426-DB of 2007
Amrik Singh
v.
State of Haryana
{Decided on 27/01/2010}
For the Appellants: Mr. PS Sullar, Advocate.
For the Respondent State: Mr. SS Patter, Senior Deputy Advocate General, Haryana.
IMPORTANT POINT
Dying declaration--If one or other quarter managed to hold back written opinion of Doctor from Court it cannot affect genuineness or correctness of dying declaration.
(A) Indian Penal Code, 1860, S.300--Exception I, 304, Part II, 302 r/w S.34--Murder--Culpable homicide not amounting to murder--Accused a habitual daily drinker alongwith his companion after drinking demanded more money from his daughter for purchasing more liquor and on her refusal they got enraged and in that state caused her death by putting her on fire--Held, that they would be guilty of offence of culpable homicide not amounting to murder in view of exception 1 to Section 300--Conviction modified from Section 302 r/w 34 to Section 304 Part II IPC--It is evident that father of deceased also suffered burn injuries on his hands while trying to save her--Co-accused is presently aged about 75 years--Sentence reduced to period already undergone by them. (P.20 & 21)
(B) Indian Penal Code, 1860, S.302 r/w 34--Evidence Act, 1872, S.32--Murder--Conviction--Dying declaration--Correctness of--I.O. deposed that opinion of doctor regarding fitness of deceased was obtained and doctor declared her fit to make statement--Learned CJM/duty Magistrate specifically recorded that deceased was declared fit to make statement--Further doctor deposed that condition of deceased was serious but she was conscious and well oriented at time of her admission--Nothing to show that within an hour her condition had deteriorated to such an extent rendering her unfit to make brief statement regarding manner of commission of offence before Duty Magistrate--Learned trial Court rightly held that if one or other quarter managed to hold back written opinion of Doctor from Court it cannot affect genuineness or correctness of dying declaration. (P.9)
(C) Indian Penal Code, 1860, S.302 r/w S.34--Murder--Eye witness--Conviction--Accused, habitual daily drinker with his companion after drinking demanded more money from his daughter for purchasing more liquor and on her refusal they got enraged and in that state caused death setting her on fire--Apart from dying declaration of deceased even testimony of eyewitness, whose presence is natural at relevant time was consistent and fully reliable--Both accused rightly held guilty--Conviction upheld. (P.17, 18 & 19)
(D) Evidence Act, 1872, S.32--Dying Declaration--If one or other quarter managed to hold back written opinion of Doctor from Court it cannot affect genuineness or correctness of dying declaration.