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Satpal Vs. State of Haryana - (Supreme Court) (03 Mar 2021)

Dying declaration cannot be disbelieved on mere basis that parents and relatives of deceased were present in hospital while recording it

MANU/SC/0147/2021

Criminal

Present appeal has been filed by the Accused aggrieved by the judgment and order passed by the High Court whereby, his conviction and order of sentence, for offence under Section 302 of the Indian Penal Code, 1860 (IPC), was confirmed.

The Appellant has contended that, though, the evidence on record led by the prosecution is not sufficient to prove the guilt of the Accused, the Trial Court has erroneously convicted the Appellant for offence under Section 302 of IPC and the same was confirmed by the High Court without considering various grounds, raised on behalf of the Appellant.

The deceased was admitted in the hospital and ultimately, succumbed to injuries. It is also clear from the material evidence, placed before this Court, that though the family members of the deceased were in the hospital, they were sent out, when the dying declaration was recorded by the Magistrate, who was also examined on behalf of the prosecution as PW-16.

Dying declaration, recorded by the Magistrate looks natural and there is no reason to disbelieve the same. In addition to the dying declaration, the statements of PW-5 and PW-6, who are mother and maternal uncle respectively of the deceased, corroborate the case of prosecution. It is clear from their statements that, the deceased was tortured at the hands of the Appellant and his family members. The Magistrate, in her deposition, has clearly stated that the relatives of deceased were not there at the time of recording dying declaration of the deceased.

Further, though the Appellant has stated in his statement, recorded under Section 313 of Code of Criminal Procedure, 1973 (CrPC), that many persons from the neighbourhood came to the house of the Appellant at the time of incident, no one was examined on his behalf.

If the dying declaration, recorded by PW-16, is considered along with the depositions of PW-5, PW-6 and other witnesses, who were examined on behalf of the prosecution, it clearly establishes the guilt of the Appellant, beyond reasonable doubt. Further, merely because the parents and other relatives of the deceased were present in the Hospital, when the statement of the deceased was recorded, it cannot be said that, the said statement was a tutored one. Merely because they were in the hospital, the same is no ground to disbelieve the dying declaration, recorded by the Magistrate, who was examined as PW-16. There is no error in the impugned judgment. Appeal dismissed.

Tags : CONVICTION   EVIDENCE   CREDIBILITY  

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