STATE OF MADHYA PRADESH Vs. DAL SINGH

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment and order dated 30.8.2006, passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.2152 of 2003, by way of which it has set aside the conviction of the respondents under Sections 498-A and 302, read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') and acquitted them.

(2.) Facts and circumstances giving rise to this appeal are :-

(3.) Ms. Vibha Datta Makhija, learned standing counsel has submitted, that the only ground taken by the High Court for reversing the judgment and order of the Trial Court was that conviction can be based solely upon a dying declaration, provided that the same is found to be trustworthy. However, in the instant case, as the deceased had 100 per cent burn injuries, she would not have in all probability, been in a position to make a statement. Additionally, in the absence of a certificate provided by a doctor to the extent that she had in fact been fit enough to make such a statement, the said dying declaration could not be relied upon, as she had died as a result of such injuries on her person, after traveling about 10 k.ms. from the place of occurrence to the Police Station. The High Court doubted her ability to speak and also the lodging of the FIR. There is sufficient evidence on record to show that Kusum had been ill-treated by her parents-in-law, and thus that they were responsible for causing her death. A person having 100 per cent burns can make a statement, and a certificate of fitness provided by a doctor is not a condition precedent for placing reliance upon a dying declaration. Therefore, the appeal deserves to be allowed.