Surinder Kumar vs State Of Punjab

2. We agree with the concurrent view of the Trial Court and the High Court that Kiran Bala was driven to suicide by the appellant and as such his conviction and sentence under Section 304-B and Section 498-A of the Indian Penal Code (for short the IPC) should be upheld. The facts:

3. The appellant Surinder Kumar and Kiran Bala were married some time in 1990-91. They have a female child.

4. On 28th April 1994 Kiran Bala was admitted to the Civil Hospital, Tanda, with burn injuries all over her body. Since her condition appeared to be serious, Dr. Kewal Singh the Medical Officer informed the Assistant Sub Inspector of Police, Mohinder Singh, through a memo, of her admission in the hospital with 90% burns.

6. In the Civil Hospital, Mohinder Singh contacted Dr. Kewal Singh at about 9.30 a.m. and he certified that Kiran Bala was fit to make a statement. Thereafter, Mohinder Singh recorded the statement of Kiran Bala in vernacular in the presence of Dr. Kewal Singh and Dr. Satpal Singh, Medical Officer. The statement was read over to her and after she admitted the contents to be true, her signature and right thumb impression was taken on the statement. An endorsement was made on the statement by Dr. Kewal Singh and Dr. Satpal Singh to the effect that Kiran Bala had given her statement in their presence.

9. Before filing the challan, Mohinder Singh asked Dr. Kewal Singh in writing on 8th July 1994 whether Kiran Bala was conscious throughout the time her statement was recorded. Dr. Kewal Singh certified that Kiran Bala was medically fit (fully conscious) from the beginning of her statement till the very end.

11. On the merits of the case, the Trial Judge held that the evidence indicated that the appellant had been demanding dowry from Kiran Bala and since she had not brought sufficient dowry, he mistreated her. The Trial Judge was of the view that there was no reason to disbelieve the dying declaration given by Kiran Bala that she was driven by the appellant to commit suicide. It was held that the dying declaration was voluntary and was recorded by Mohinder Singh in the presence of two doctors. Under the circumstances, the appellant was found guilty of the offences alleged against him and sentenced to ten years rigorous imprisonment and fine for an offence under Section 304-B of the IPC and 3 years rigorous imprisonment and fine for an offence under Section 498-A of the IPC. Decision of the High Court:

13. The High Court was of the view that there was sufficient evidence to show that Kiran Bala was driven to commit suicide, which she did at about 7.30 a.m. on 28th April, 1994. Kiran Bala was conscious when she gave her dying declaration and although her condition may have been critical at that point of time, there was sufficient intrinsic evidence to show that she was fit to make the statement. Moreover, it is not as if her statement was vindictive inasmuch as she squarely blamed only the appellant and nobody else.

24. The dying declaration contains some facts which would not have been known to strangers like Mohinder Singh or the two doctors. For example, they could not have known the parental village of Kiran Bala or when she was married or the caste of her husband and so on. Therefore, it is incorrect to obliquely suggest that since the dying declaration was detailed, it should not be accepted. On the contrary, the details given by Kiran Bala at the time of her death are indicative of her consciousness and her fitness to make a statement.

23. Clearly, the dying declaration made by Kiran Bala was not under any pressure. The only persons who were present when she made her dying declaration were Mohinder Singh and the two doctors. We have no doubt that both the Courts have rightly come to the conclusion that the dying declaration made by Kiran Bala was voluntary.

Result:

29. There is no merit in the appeal and it is accordingly dismissed.