Full Judgment Text
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PETITIONER:
SOM NATH
Vs.
RESPONDENT:
STATE OF HARYANA
DATE OF JUDGMENT31/03/1980
BENCH:
KRISHNAIYER, V.R.
BENCH:
KRISHNAIYER, V.R.
VENKATARAMIAH, E.S. (J)
CITATION:
1980 AIR 1226 1980 SCR (3) 280
1980 SCC (3) 301
ACT:
Indian Evidence Act Section 32-Dying Declaration-Value
of.
HEADNOTE:
The petitioner was found guilty of burning his wife by
the Court below. By Special Leave Petition, the Petitioner
sought to discredit the dying declarations.
Dismissing the Petition,
^
HELD: Concurrent findings of fact cannot be disturbed
on enormity of improbability. The dying declarations under
Section 32 of the Evidence Act, are the groaning utterances
of a dying woman in the grip of dreadful agony which cannot
be judged by the standards of fullness of particulars which
witnesses may give in other situations. To discredit such
dying declarations for shortfalls here and there or even in
many places, is unrealistic, unnatural and unconscionable,
if basically there is credibility. [280E-G]
JUDGMENT:
CRIMINAL APPELLATE JURISDICTION : Special Leave
Petition (Crl.) No. 3478 of 1979.
From the Judgment and order dated 10-8-1979 of the
Punjab & Haryana High Court in Criminal Appeal No. 427/77.
N.C. Talukdar, J.P. Malhotra and J.D. Jain for the
Petitioner.
The order of the Court was delivered by
KRISHNA IYER, J., Wife burning-that atrocious species
of murder horrendously escalating in some parts of this
country-is the shocking crime proved, according to two
courts, by the prosecution in this case. Concurrent findings
of fact cannot be disturbed save on enormity of
improbability which we are unable to see in the present
case. The three dying declarations corroborated by other
circumstances are sufficient in our view to bring home the
offence. Counsel has sought to discredit these declarations
relevant under s. 32 of the Evidence Act forgetting that
they are the groaning utterances of a dying woman in the
grip of dreadful agony which cannot be judged by the
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standards of fullness of particulars which witnesses may
give in other situations. To discredit such dying
declarations for shortfalls here or there or even in many
places is unrealistic, unnatural and unconscionable if
basically there is credibility. The terrible in this case
has taken place in the house and in the presence of the
husband who has been convicted. We hardly see any reason for
interfering with this conviction, and would have been
shocked ourselves if any other course had been adopted
either by the trial court or by the High Court. Gender
justice has a high place in Indian criminal jurisprudence.
Dismissed.
N.K.A. Petition dismissed.
281