Case Law Details
State of U.P. Vs Veerpal (Supreme Court of India)
Facts- The girl alleged that her father-in-law and mother-in-law demanded money and when refused there was an assault and thereafter they poured kerosene over her and with a burning matchstick burnt her. Charge-sheet was filed against the accused, however, the accused denied the charge and pleaded not guilty. The prosecution brought on record documentary evidences including two dying declarations.
The High Court has acquitted the accused mainly on the ground that there were two dying declarations, one recorded on 20.12.2011 and another recorded on 22.12.2011 and there was a gap of two days between the two dying declarations. The High Court instead of relying on the dying declaration recorded by SDM/Deputy Commissioner of Agra and by disbelieving both the dying declarations has acquitted the accused by observing that according to the deceased when she was forced to give the money and when she refused, the accused tried to assault and she ran away and under the pressure she might have poured the kerosene on her.
Conclusion-It is noted that the dying declaration was made by the deceased to Sub Divisional Magistrate (SDM) Bal Kishan Agarwal, who was also examined as a prosecution witness (PW6) before the Trial Court. His statement reveals that the deceased at the time of making the statements, was fully conscious and capable of comprehending the questions put forth by the officer to whom the declaration was made. The evidentiary value of the dying declaration is further enhanced by the fact that it was accompanied by a certificate from the physician who was treating the deceased prior to her death, stating that the deceased remained fully conscious while making the statement.
The Trial Court rightly placed reliance on the dying declaration having due regard to the statements made by the physician as to the medical condition of the deceased while making such declaration. The Trial Court has also rightly noted that the statements of the SDM and the physician, being independent witnesses in the trial, has added weight to the prosecution case as the same could not be motivated by malice.
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