GURVINDER SINGH; HARBANS KAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence awarded by Additional District and Sessions Judge (Fast Track) Anoopgarh, Headquarter, Suratgarh in Sessions Case No.7/08 (39/04) dated 17/12/2008, whereby learned trial Court has convicted both the appellants Gurvinder Singh and Smt. Harbans Kaur as under:-

(2.) As per the prosecution story, father of deceased Ravindar Kaur lodged a F.I.R. on 20/07/2004 with Suratgarh Police Station stating therein that his daughter Ravinder Kaur was married with Gurvinder Singh about two and half years back and ample dowry was bestowed, but her in-laws were unpleasant and started demanding dowry by saying that it was insufficient and were demanding gold Kada, fridge and colour T.V. and started harassing his daughter Ravinder Kaur, recitals of beating and organizing of settlement Panchayats have also been made in the FIR, then Gurvinder and his family assured nothing of that nature would be repeated, so they permitted and sent back Ravinder to her in-laws home. On 19/7/2004, they received a telephone call from Suratgarh thana asking to rush to Suratgarh and on arriving at S.G. Hospital, they could know that Ravinder Kaur was referred to Bikaner, where they could know that she was deliberately set ablaze by Gurvinder and his mother-inlaw.

(3.) While, advancing submissions, learned counsel for the appellants-accused has contended that there are vital contradictions in the prosecution evidence and the deceased has also given two dying declarations, the first one does not indulge the accused persons being non-incriminatory because the deceased victim has uttered that she got accidentally burnt, while preparing tea. PW.12 Jabarjung Singh and PW.14 Mandeep have also disclosed this aspect that deceased was not subjected to cruelty by her in-laws, rather she was inclined to stay and reside alone with her spouse, leaving apart, her other family members of in-laws. Relying upon the following precedents State of Rajasthan vs. Shravan Ram and Anr., 2013 AIR(SC) 1890 , Heeralal vs. State of M.P., 2009 12 SCC 671 , Ranjit Singh & Ors. vs. State of Punjab, 2009 1 Supreme 52 , Chinnamma vs. State of Kerala, 2004 2 Supreme 251 , learned counsel has submitted that it is not safe to rely on the subsequent dying declaration and learned trial Court has committed error, while relying upon the subsequent dying declaration, so the appeal may be allowed and the impugned judgment be set aside.