State Of Punjab v. Gian Kaur And Another, Supreme Court Of India, Judgment, Law, casemine.com

Factual and Procedural Background

The State appealed against a judgment of the Punjab and Haryana High Court in Criminal Appeal No. 13 of 1987, which had acquitted the two respondents of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.

The prosecution alleged that Rita (the deceased) was subjected to dowry-related dissatisfaction and quarrels by her in-laws. Four persons—Gian Kaur (mother-in-law), Balvinder Kaur (sister-in-law), Darshan Lal (father-in-law), and Balbir (husband)—were tried for causing her death. The prosecution case was that on 21-6-1986 at about 6:00 p.m., Gian Kaur and Balvinder Kaur sprinkled kerosene on Rita, and Gian Kaur set her on fire with a lighted matchstick. It was also alleged that the mother-in-law wanted her son to remarry and, for that reason, sought to kill Rita.

The only evidence relied upon by the prosecution, and on which the trial court convicted Gian Kaur and Balvinder Kaur, was a dying declaration recorded by ASI Darshan Singh (PW 5). On appeal, the High Court disbelieved the dying declaration and acquitted both respondents. The State then brought the present appeal.

Legal Issues Presented

Whether the High Court was justified in disbelieving the dying declaration in light of the medical evidence and the nature of the thumb impression appearing on the document.

Whether the High Court’s acquittal represented a reasonable view of the evidence such that the Supreme Court should decline to interfere.

Court's Reasoning and Analysis

The Supreme Court examined the High Court’s reasons for discarding the dying declaration, the sole piece of evidence underpinning the trial court’s conviction of the respondents. The High Court had focused on a crucial inconsistency: although the medical evidence indicated that Rita had sustained 100% burns, the dying declaration bore a thumb impression with clear ridges and curves.

The High Court found the testimony of Dr. Ajay Sahni (PW 1) unreliable because he could not satisfactorily explain how a clear thumb impression could be made if Rita had sustained total body burns. It instead relied on the deposition of Dr. Aneja, who performed the post-mortem and categorically stated that there were 100% burns on Rita’s body and that both thumbs were burnt. This clash between the physical state of the deceased’s thumbs and the quality of the thumb impression on the dying declaration undermined the reliability of that document.

Given these inconsistencies, the High Court extended the benefit of doubt and acquitted the respondents. The Supreme Court held that, in view of the evidence on record and the reasoning adopted, the High Court’s assessment could not be characterized as unreasonable. As the conviction rested solely on a dying declaration of doubtful reliability, the High Court’s decision to acquit was a permissible and justified view of the evidence. Consequently, there was no basis for interference in appeal.

Holding and Implications

Appeal DISMISSED. The Supreme Court affirmed the High Court’s acquittal of the respondents and ordered that the bail bonds be cancelled.

Implications: The immediate effect is that the respondents’ acquittal stands, and any bail bonds furnished are cancelled. The opinion does not articulate broader legal principles beyond endorsing the High Court’s evaluation of the dying declaration in light of the medical evidence, and thus it sets no new precedent.

State Of Punjab v. Gian Kaur And Another

G.T Nanavati, J.— The State has filed this appeal against the judgment of the Punjab & Haryana High Court in Criminal Appeal No. 13 of 1987. The High Court acquitted both the respondents for the offence punishable under Section 302 read with Section 34 IPC.

2. Both the respondents along with two others were tried for causing death of Rita. Respondents Gian Kaur, Balvinder Kaur, Darshan Lal and Balbir were the mother-in-law, sister-in-law, father-in-law and husband respectively of Rita (deceased).

3. The prosecution case was that they were not satisfied with the dowry given to her by her parents at the time of her marriage and that had often led to quarrels between the accused and Rita and her parents. According to the prosecution, on 21-6-1986 at about 6.00 p.m, Gian Kaur and Balvinder Kaur sprinkled kerosene on her and thereafter Gian Kaur set her on fire by throwing a lighted matchstick on her. It was further alleged that the mother-in-law wanted to get her son remarried and for that reason also she wanted to kill her.

4. The only evidence which was relied on by the prosecution and on the basis of which the trial court convicted Gian Kaur and Balvinder Kaur was the dying declaration recorded by ASI Darshan Singh, PW 5.

5. The High Court disbelieved the dying declaration on the ground that even though according to the medical evidence Rita had 100% burns, the thumb mark of Rita appearing on the dying declaration had clear ridges and curves. The High Court found the evidence of Dr Ajay Sahni-PW 1 not reliable as he failed to satisfactorily explain how such a thumb mark could appear on the dying declaration when Rita had 100% burns over her body. The High Court relied upon the deposition of Doctor Aneja, who had performed the post-mortem and who has categorically stated that there were 100% burns over her body and both the thumbs of Rita were burnt. In view of such inconsistent evidence, the High Court was right in giving benefit of doubt to the respondents. It cannot be said in this case that the High Court has taken an unreasonable view.

6. This appeal is, therefore, dismissed. Bail bonds are ordered to be cancelled.

Criminal Appeal No. 122 of 1991, decided on March 5, 1998

State Of Punjab v. Gian Kaur And Another

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

State Of Punjab v. Gian Kaur And Another

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