Dying Declaration Found Unreliable; Defense Theory of Suicide Deemed More Probable
In a significant judgment, the Punjab and Haryana High Court has acquitted Teja Singh in a murder case that dates back to 2002, overturning the conviction handed down by the Additional Sessions Judge, Mansa. The Division Bench, comprising Justices N.S. Shekhawat and Sukhvinder Kaur, concluded that the dying declaration of the deceased, Virpal Kaur, was not credible due to procedural lapses and potential external influence. The court found the defense's theory of suicide more convincing than the prosecution's allegation of murder.
Virpal Kaur, wife of Teja Singh, died from burn injuries in July 2002. Her dying declaration, recorded by a police officer in the presence of a doctor, alleged that Teja Singh and his brother, Baljit Singh Goga, set her on fire. However, the High Court highlighted several deficiencies in the recording of the declaration. The absence of a proper certification by the doctor regarding Virpal Kaur’s mental and physical fitness at the time of the statement raised substantial doubts about its authenticity.
The court expressed concern over the failure to record the dying declaration before a magistrate, which would have ensured greater reliability. It noted that the doctor merely signed an endorsement prepared by the police officer, without a handwritten certification of the victim's fitness. The judgment emphasized the importance of precise and independent certification by medical professionals in such cases.
The defense successfully argued that Virpal Kaur committed suicide due to personal reasons, a theory supported by witness testimonies and the bent bolt on the door, suggesting attempts to break in and rescue her rather than harm her. Additionally, no motive was established for Teja Singh to commit such a heinous crime against his wife, particularly when he had no disputes with her.
The ruling sets aside the conviction and life sentence previously imposed on Teja Singh under Section 302 IPC. The appeal regarding Baljit Singh Goga was abated due to his death. The judgment underscores the necessity of meticulous adherence to legal procedures in criminal investigations, especially concerning dying declarations, which hold a sacrosanct place in the judicial system.
Bottom Line:
Dying Declaration - Admissibility and reliability of a dying declaration scrutinized - Lack of certification by the doctor regarding the victim's mental and physical fitness at the time of making the statement raises doubts about its authenticity - Defense version appearing more probable based on evidence including absence of motive and corroborating witness testimony.
Statutory provision(s): Indian Evidence Act, 1872 Section 32, Criminal Procedure Code, 1973 Section 313, Indian Penal Code Section 302
Teja Singh v. State of Punjab, (Punjab And Haryana)(DB) : Law Finder Doc id # 2842444
