SURINDER KUMAR AND ANR. versus STATE OF HARYANA

SURINDER KUMAR AND ANR. versus STATE OF HARYANA

Conviction based on the dying declaration made before a Judicial Magistrate is justified as there was no infirmity; doctor's certification regarding the patient's consciousness and the Magistrate's certification indicate reliability. Statements before the doctor were not proven to be the deceased's own version, and what was recorded was more likely at the instance of the husband; hence, the dying declaration before the Magistrate is credible and sufficient for conviction.

Parties
Appellant: Surinder Kumar; Appellant: Sanjiv; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
28 April 1992
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal by Special Leave
Outcome
Appeal dismissed; conviction and sentence under Section 302/34 IPC maintained; acquittal under Section 498-A/34 IPC affirmed.
Legal Topics
Murder, Cruelty to Wife, Dying Declaration, Conviction
Criminal Law Murder Cruelty to Wife Dying Declaration Conviction

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Parties

Surinder Kumar

Appellant

Sanjiv

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal by Special Leave

Legal Issues

  1. 1 Whether conviction based on dying declaration made before a Judicial Magistrate is justified.
  2. 2 Whether there was any infirmity in recording the dying declaration.
  3. 3 Whether the dying declaration recorded by the doctor or the Judicial Magistrate is credible.

Ratio Decidendi

Conviction based on the dying declaration made before a Judicial Magistrate is justified as there was no infirmity; doctor's certification regarding the patient's consciousness and the Magistrate's certification indicate reliability. Statements before the doctor were not proven to be the deceased's own version, and what was recorded was more likely at the instance of the husband; hence, the dying declaration before the Magistrate is credible and sufficient for conviction.

Court Disposition

Appeal dismissed; conviction and sentence under Section 302/34 IPC maintained; acquittal under Section 498-A/34 IPC affirmed.

Orders

  • Appeal dismissed.