Puran Chand Vs. State of Haryana
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Head Note
Indian Penal Code,1860 - Section 304-B , The Indian Evidence Act, 1872 - Section 32
Bride burning - Husband and his brother convicted - Court found the dying declaration truthful impressed by the fact that deceased specifically exonerated her mother-in-law and the father-in-law by saying that they treated her well - Deceased stated in her dying declaration that she was harassed within a week of her marriage because of less dowry - Husband and his brother and his Bua (father's sister) sparkled kerosene oil on her and burnt her - Court found that dying declaration was voluntary and truthful on following grounds - 1. Dying declaration was recorded by JMIC. 2. Deceased suffered 90% burn injuries - Doctor certified that victim was in fit state of mind. 3. Dying declaration was in the question and answer form - No suggestive questions put on the deceased. 4. Court was impressed by the fact that deceased specifically exonerated her mother-in-law and the father-in-law by saying that they treated her well.
Indian Penal Code,1860 - Section 304-B , The Indian Evidence Act, 1872 - Section 32
Oral Dying declaration - Bride burning - Conviction - Held - Though the oral dying declaration is an extremely weak type of evidence, it would not be unnatural for a burnt woman, to confide in her near relations.
The Indian Evidence Act, 1872 - Section 32
Dying declaration - A dying declaration which has been found to be voluntary and truthful and which is free from any doubts can be the sole basis for convicting the accused.
Topic(s)-Bride Burning , Oral Dying Declaration