Veermati vs State

* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 29.04.2026
Pronounced on: 22.07.2026
+ CRL.A. 583/2003
+ CRL.A. 661/2003
NANAK CHAND @ DEVENDER .....Appellant
VEERMATI .....Appellant
Through: Mr. Pradeep Kumar Arya,
Mr.S. K. Singh, Mr. Raj Karan
Sharma, Mr. Aditya Kumar
Yadav, Mr. Gaurav, Chaudhary,
Mr. Rishabh Malhotra, Mr.
Vaibhav Chaudhry, Mr.
Anubhav Rathi, Ms. Akshita
Chaudhary, Advs.
versus
STATE .....Respondent
Through: Mr. Aman Usman, APP with
Mr. Manvendra Yadav, Adv.
Insp. Amit Kumar, PS Badarpur
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MR. JUSTICE RAVINDER DUDEJA
J U D G M E N T
RAVINDER DUDEJA, J.
1. The present appeals have been filed by the Appellants Nanak
nd
Chand and Veermati, assailing the judgment of conviction dated 02
August 2003 [“ impugned judgment ”] and the Order on sentence
th
dated 08 August 2003, passed by the learned Additional Sessions
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Signed By:VAISHALI
PRUTHI
Signing Date:22.07.2026
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Judge, New Delhi [“ Trial Court ”] in Sessions Case No. 4/2003 in
case FIR no. 550/2002, registered under Sections 498-A/304-B/120B
& 302 of the Indian Penal Code, 1860 [“ IPC ”] at Police Station Badar
Pur.
2. Since both appeals emanate from the same FIR, involve
identical questions of fact and law, and assail a common impugned
judgment and order on sentence, they are being disposed of together
by this common judgment.
BRIEF FACTS:
3. The facts of the prosecution case, as succinctly captured by the
learned Trial Court in the impugned judgment, are reproduced below:-
“ Arti daughter of Roop Chand was married to
accused Nanak Chand on 21-4-2000. Veermati
the other accused is mother of accused Nanak
and mother in law of Arti. On 4-10-2002 at
8.48 AM an information was received at PS
Badar Pur through police control room that at
Tajpur Pahari behind sibbal in H. No. A-26,
daughter-in-law has been burnt by in-laws.
This message was recorded vide DD No. 4A.
SI Kishan Lal of PS Badar Pur was given this
DD. He went to the spot and found that in H.
No. 27, Budh Vihar, Tajpur Pahari the
incident had taken place and the injured had
already been removed to hospital by PCR.
SHO also reached on the spot. He made
telephone call to SDM and requested him for
reaching Safdarjung Hospital and told that he
was also reaching Hospital. SI Kishan Lal also
went to Safdarjung Hospital leaving Ct. Ajay
Shukla behind on the spot. SDM also reached
at Safdarjung Hospital. He obtained MLC of
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Signed By:VAISHALI
PRUTHI
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injured and made an application to take
statement of the deceased. The application
made by him Ex. PW10/A. Doctor recorded on
it that patient was conscious and oriented and
responding to calls and was fit for statement.
She made this endorsement at 11.45 AM.
Thereafter statement of Arti, injured, who was
lying burnt in the hospital, was recorded by
SDM. She told her name and husband's name
and told that her marriage was performed
about two years ago. She was asked as to how
the incident had happened. She told that her
mother in law Veermati poured kerosene oil
on her and put her on fire. She was asked as to
how her relations were with her husband. She
told that he used to beat her and used to ask
her for dowry and money. She was asked as to
what else she wanted to say. She stated that
she wanted law to punish the culprits. On this
statement of Arti, SDM gave directions to
police to take action as per the law. SI Krishan
Lal then made endorsement on DD copy and
sent for registration of FIR against husband of
Arti and against her mother in law under
section 498-A/307IPC.
Arti was having 100% burns as per the MLC
Ex. PW12/A. she was brought to hospital at
9.40 AM by HC Rampal Yadav of PCR. She
informed the doctor that she sustained burns
as her mother in law poured kerosene oil on
her body and set herself (her) on fire. Arti
succumbed to her injuries on the same night
th th
i.e. night between 4 and 5 October, 2002.
The information was sent by duty Ct. Sunil
Kumar from Safdarjung Hospital to police
station about death of Arti. It was recorded
vide DD No, 72B Ex. PW14/A. The
information of Arti's burning was sent to the
parents of Arti. Investigating officer got the
spot photographed, called crime team and
collected incriminating material from the spot.
From the spot he recovered one plastic can in
burnt condition, which was in completely
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Signed By:VAISHALI
PRUTHI
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melted state, a pair of burnt rubber gloves,
and one match box which was also partially
burnt, only base was remaining. He made
inquiries from the spot about the accused
persons and came to know through a woman
from the crowd gathered at the spot that she
had seen Veermati and Nanak Chand, mother
and husband of deceased, going towards
Badarpur border. He took the lady with him
and she after reaching Badarpur border,
pointed towards accused Nanak and Veermati.
He arrested both of them. He called Lady Ct.
Kanta from PS who afterwards took the
custody of accused Veermati and took her
personal search. Both the accused persons
were arrested on 4-10-2002 itself. Father and
relatives of Arti reached Delhi on 5-5-2002
and they made statement to the SDM. Roop
Chand father of deceased in his statement Ex.
Pw1/A to the SDM stated that Arti was
married to Nanak Chand about two years
before incident and after marriage, Arti's
husband Davender @ Nanak used to beat her
and used to compel her either to bring Rs.
50,000/- from her father or her father (he)
should purchase a plot of 100 yards for him.
Arti was living at her parents house since
February, 2002. She was sent to matrimonial
home only about 12-13 days prior to the
incident, at the intervention of some
respectable of the society. On 4-10-2002 he
received telephone about burning of Arti, He
had a doubt that Arti had been killed by Nanak
and his mother Veermati. Tota Ram, uncle of
Arti also made statement Ex. PW2/A to SDM.
He stated that after marriage Arti used to be
beaten by Nanak and Nanak used to demand a
plot and money for construction of plot. Arti
was sent to her in-laws house on 22-9-2002
with the intervention of some respectables as
Arti was living with her parents since
February, 2002. He also expressed his doubt
that Arti had been killed by Nanak and
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PRUTHI
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Veermati. Post mortem was conducted and
doctor gave cutting of hair of deceased to the
investigating officer which was seized. Seized
articles were sent to CFSL and result was
received. The investigation got completed and
challan was filed against accused persons.
Accused Nanak and Veermati both were
charged by this court under section 498-A/34
IPC and Veermati was charged by this court
u/s 302 IPC alternatively and u/s 304-B IPC.
Both the accused persons pleaded not guilty
and claimed trial.”
4. During trial, prosecution examined 15 witnesses, including PW-
1 and PW-2, father and uncle of the deceased, respectively, PW-9, Dr.
A.K. Sharma, who conducted the post-mortem of the deceased, PW-
10 A.K. Singh, the SDM, who recorded the statement of the victim
(Ex. PW-10/C), PW-12 Dr. Ritesh Purwar, who proved the MLC Ex.
PW-12/A and death summary (Ex. PW-12/B) and PW-15 SI Krishan
Lal, Investigating Officer, who deposed about the investigation
conducted by him. Prosecution also examined PW-13 Dr. Guru
Bhushan of Safdarjung Hospital, who gave an opinion (Ex. PW-10/B)
that the victim was fit for statement.
5. In their statements, recorded under Section 313 of the Code of
Criminal Procedure, 1973 [“ Cr.P.C. ”], Appellant Nanak Chand stated
that the deceased had left the matrimonial home in February 2002
without reason. He denied the allegations relating to harassment and
cruelty. He claimed that he was away at work at Madanpur Khadar
and was called through a boy. He further claimed ignorance about the
incident which happened with his wife.
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PRUTHI
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6. Appellant Veermati also took almost a similar stand and
claimed innocence. According to her, both she and her son, who was
called back from his work place, were arrested from their house.
7. In their defence, Appellants examined two defence witnesses,
that is, DW-1 Rakesh, their neighbour and DW-2 Karambeer, brother-
in-law of the Appellant Veermati.
8. The learned Trial Court, while convicting the Appellants held
that, the deceased, who had been married for about two and a half
years, was subjected to harassment, beatings and dowry demands of
Rs.50,000/- or a plot by the Appellants and had remained at her
parental home for nearly eight months before being brought back to
her matrimonial home only 12-13 days prior to the incident,
whereafter she was burnt to death. Relying upon the testimonies of
PW-1 and PW-2 and the dying declaration of the deceased, as
recorded by PW-10 SDM, the learned Trial Court convicted both
Appellants Veermati and Nanak Chand under Section 498-A IPC and
further held Appellant Veermati guilty under Section 304-B IPC,
observing that the dying declaration specifically attributed to her the
act of pouring kerosene oil upon the deceased and setting her on fire,
while Appellant Nanak Chand was not found present at the spot at the
relevant time. Vide the order on sentence, both the Appellants were
sentenced to rigorous imprisonment for three years along with a fine
of Rs.10,000/- each under Section 498-A IPC, and in default of
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PRUTHI
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payment of fine, to further undergo six months imprisonment.
Appellant Veermati was further sentenced to imprisonment for life
under Section 304-B IPC, considering the cruel manner in which the
deceased was set on fire after pouring kerosene oil upon her.
SUBMISSIONS OF THE LEARNED COUNSEL FOR THE
APPELLANTS:
9. The learned counsel submitted that the testimonies of PW-1, the
father of the deceased, and PW-2, the uncle of the deceased, reveal
only vague and general allegations regarding dowry demand and
cruelty. PW-1 merely alleged that the accused persons demanded
either Rs.50,000/- or a plot measuring 100 sq. yards, but failed to
specify the exact date, time or person who allegedly raised such
demand. It was argued that though PW-1 claimed that the deceased
was sent back to her parental house after beatings, he admitted in
cross-examination that he had not disclosed this fact before the SDM,
thereby making material improvements in the Court. The learned
counsel emphasized that PW-1 himself admitted that he and other
family members regularly visited the matrimonial home of the
deceased, yet no complaint was ever made to any authority. Even
regarding the Panchayat, no independent member thereof was
examined. The learned counsel further submitted that the testimony of
PW-2 was entirely hearsay in nature, as no dowry demand was ever
made in his presence and he only deposed on the basis of what was
told to him by the deceased and her father. Even PW-2 admitted that
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PRUTHI
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no report was lodged during the lifetime of the deceased, despite the
alleged demands. It was thus argued that the prosecution failed to
establish any specific, proximate or continuous demand of dowry soon
before the death of the deceased.
10. It was further contended that the dying declarations recorded
before the doctor, who prepared the MLC, and the SDM, who
recorded the statement of the victim, were never specifically put to the
Appellants during their examination under Section 313 Cr.P.C. The
learned counsel argued that the questions framed under Section 313
Cr.P.C. were vague and mechanical, and the exact incriminating
circumstances were never brought to the notice of the Appellants. It
was submitted that Appellant Veermati is an illiterate lady and could
not have understood the references merely made to the exhibits.
According to the learned counsel, the failure to specifically confront
the Appellants with the contents of the alleged dying declarations
caused serious prejudice to the defence of the Appellants.
11. The learned counsel further argued that several crucial
witnesses were not produced by the prosecution, including, HC
Ramphal Yadav, the PCR driver, the doctor who prepared the MLC,
the members of the Panchayat, neighbours and even other family
members of the deceased. It was submitted that such non-examination
assumes significance in light of the inconsistencies and omissions in
the prosecution evidence. The concealment of the medical documents
from the time of admission of the deceased till the preparation of Ex.
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PW-12/B was also assailed as a deliberate suppression of material
evidence. It was therefore contended that the alleged dying
declarations were unreliable and incapable of forming the basis of
conviction.
12. Learned counsel for the Appellants lastly relied upon the
testimonies of defence witnesses to contend that the actual dispute
between the parties was not with respect to dowry but regarding the
frequent visits of the deceased to her parental home. Reference was
made to the testimony of DW-1 Rakesh, an independent witness and
neighbour, who stated that upon reaching the spot he found the
deceased in a burnt condition with her head lying in the lap of
Appellant Veermati, who was weeping and asking him to call
Appellant Nanak Chand. According to learned counsel, such conduct
of Appellant Veermati was wholly inconsistent with the conduct of a
guilty person.
13. Reliance was also placed upon the testimony of DW-2
Karambeer, brother-in-law of Appellant Veermati, who stated that the
deceased frequently visited her parental home and that the parents of
the deceased had complained that the Appellants were not permitting
her to visit them often. DW-2 further deposed that the mother of the
deceased had remarked that if the deceased was not sent willingly, she
should give up her life. Learned counsel submitted that the defence
version probabilised an entirely different cause of discord unrelated to
dowry. It was argued that the testimony of defence witnesses ought to
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receive equal treatment as that of prosecution witnesses, but the
learned Trial Court failed to accord such fair consideration.
14. On the basis of the aforesaid circumstances, the learned counsel
prayed that the impugned judgment be set aside as the prosecution had
failed to prove its case beyond reasonable doubt. Reliance was placed
upon the following judgments in support of his submissions, P. Mani
v. State of Tamil Nadu, (2006) 3 SCC 161; Mousam Singha Roy &
Ors. v. State of West Bengal, (2003) 12 SCC 377; Dudh Nath Pandey
v. State of Uttar Pradesh, (1981) 2 SCC 166; Takhaji Hiraji v.
Thakore Kubersing Chamansing and Ors., (2001) 6 SCC 145;
Sampat Babso Kale and Anr. v. State of Maharashtra , (2019) 4 SCC
739; Khushal Rao v. State of Bombay, AIR 1958 SC 22; Irfan @
Naka v. State of Uttar Pradesh, 2023 INSC 758; and Raj Kumar @
Suman v. State (NCT of Delhi), 2023 INSC 520.
SUBMISSIONS OF LEARNED APP FOR THE STATE:
15. Mr. Usman, Learned Additional Public Prosecutor [“ APP ”] for
the State submitted that the prosecution case stands duly established
from the oral as well as documentary evidence led during trial. It was
argued that burnt rubber gloves, plastic can, and match box were
recovered and seized vide seizure memo Ex. PW-8/A. It was
submitted that the Appellants never disputed that the deceased had
been taken back to her matrimonial home merely 10-12 days prior to
the incident, nor did they dispute that she died due to burn injuries.
The only aspect challenged by the Appellants was the allegation
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relating to dowry demand. It was further submitted that the evidence
on record clearly demonstrated harassment and strained relations
between the deceased and her matrimonial family.
16. Learned APP argued that the defence sought to create doubt by
alleging non-examination of certain witnesses, however the core
prosecution case rested upon the dying declaration of the deceased and
the surrounding circumstances, which remained unshaken. It was also
contended that the conduct of the Appellants in absconding after the
incident and their apprehension from the Badarpur Border constitutes
an incriminating circumstance against them.
17. Learned APP further submitted that PW-10, the SDM who
recorded the dying declaration, was extensively cross-examined by the
learned counsel for the Appellants/accused during trial regarding the
manner and circumstances in which the statement of the deceased was
recorded. It was thus argued that the contention now sought to be
raised by the Appellants that the dying declaration was not specifically
put to them during their examination under Section 313 Cr.P.C. is
wholly untenable and has caused no prejudice whatsoever. In
furtherance, reliance was placed on the testimony of PW-10, wherein
he categorically stated that before recording the statement of the
deceased, he had not been informed by the police, SHO or doctor
about the manner in which the deceased had sustained burns and that
she was fully understanding the questions put to her. PW-10 denied
the suggestion that the deceased was not in a fit condition to speak or
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that she merely gestured in response to the questions put to her. He
stated that he obtained the certificate of the doctor declaring the
deceased fit for statement at 11:45 AM and thereafter the statement
was recorded at about 11:50 AM. Learned APP also referred to the
findings recorded by the learned Trial Court that PW-10 duly proved
the dying declaration, Ex. PW-10/C, bearing the thumb impression of
the deceased and also proved the endorsement and related inquest
proceedings conducted by him. It was submitted that the learned Trial
Court rightly relied upon the dying declaration as truthful and
voluntary as there existed no reason to disbelieve either the
declaration recorded by the SDM or the history noted before the
doctor regarding the cause of burns.
18. Learned APP also relied upon the findings of the learned Trial
Court that the dying declaration specifically implicated Appellant
Veermati for pouring kerosene oil upon the deceased and setting her
on fire, while no overt role was attributed therein to Appellant Nanak
Chand. He submits that this indicates that there existed no motive to
falsely implicate the Appellants. It was argued that the defence version
regarding the Appellant Veermati holding the head of the deceased in
her lap was rightly disbelieved by the learned Trial Court, as no burn
injury whatsoever was found on Veermati, thereby indicating that she
had made no effort to save the deceased from the fire. Learned APP
submitted that the PCR van was not called by Appellant Veermati and
by the time police arrived, she had already fled from the house. The
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Appellants were thereafter apprehended from the Badarpur Border,
which can also be seen from the testimony of PW-15, SI Kishan Lal.
He submitted that these circumstances clearly pointed towards the
Appellants’ guilty conduct.
19. Learned APP further contended that the plea regarding
improper examination under Section 313 Cr.P.C. is merely an
afterthought, inasmuch as throughout the trial, the Appellants had
cross-examined witnesses and put suggestions specifically relating to
the dying declaration. The object of Section 313 Cr.P.C. is only to
afford the appellant an opportunity to explain incriminating
circumstances appearing in evidence and it is not mandatory that
every detail or exact contents of a document be reproduced verbatim
before the appellant. It was thus submitted that sufficient opportunity
had been granted to the Appellants to explain the incriminating
material appearing against them and no prejudice had been caused.
ANALYSIS AND REASONING:
20. We have considered the submissions made before us and have
also perused the material on record.
21. Admittedly, the conviction of the Appellants Nanak Chand and
Veermati is based on the testimonies of PW-1 and PW-2 and the dying
declaration (Ex. PW-10/C) made by the victim before the SDM,
stating therein, that her mother-in-law Veermati had poured kerosene
oil upon her and set her ablaze. However, the learned Trial Court, in
its wisdom, convicted both the Appellants under Section 498-A IPC,
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and Appellant Veermati was additionally convicted under Section
304-B IPC only and not under Section 302 IPC. The State did not
prefer any appeal against the judgment, and therefore, we shall
confine our discussion to the extent as to whether the judgment of
conviction of the Appellants under Section 498-A/304-B IPC is liable
to be affirmed.
22. Section 304-B IPC [Presently, Section 80 of Bharatiya Nyaya
Sanhita, 2023] defines dowry death as unnatural or suspicious death of
a woman within seven years of her marriage, if it is proved that she
was subjected to cruelty or harassment by her husband or in-laws in
connection with dowry demand soon before her death. The Hon’ble
Supreme Court in the case of Karan Singh v. State of Haryana, 2025
INSC 133, enunciated the following essential ingredients of Section
304-B IPC:-
a) The death of a woman must have been caused by any burns or
bodily injury, or must have occurred otherwise than under normal
circumstances;
b) The death must have been caused within seven years of her
marriage;
c) Soon before her death, she must have been subjected to cruelty or
harassment by the husband or any relative of her husband; and
d) Cruelty or harassment must be for, or in connection with, any
demand for dowry.
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23. The principal challenge raised by learned counsel for the
Appellants pertains to the veracity and admissibility of the dying
declaration allegedly made by the deceased, it being contended that
the incriminating contents thereof, which formed a substantial part of
the prosecution case, were never specifically put to the Appellants
during their examination under Section 313 Cr.P.C. Upon a careful
scrutiny of the record, this contention merits acceptance as the object
of Section 313 Cr.P.C. is to afford an accused a fair and meaningful
opportunity to explain every material circumstance appearing in
evidence against him. It is trite that any circumstance intended to be
relied upon for recording a finding of guilt, must be specifically
brought to the notice of the accused so as to enable him to furnish an
explanation thereto. In the present case, the most crucial evidence
contained in the dying declaration, namely that Appellant Veermati
had poured kerosene oil upon the deceased and thereafter set her on
fire, was not specifically put to the Appellants during their
examination under Section 313 Cr.P.C. She was only questioned to
the extent of recording of statement of victim (Ex. PW-10/C) by the
SDM. Consequently, a vital incriminating circumstance forming the
foundation of the prosecution case was altogether omitted from the
examination of the Appellants under Section 313 Cr.P.C.
24. Although the dying declaration (Ex. PW-10/C) was treated by
the learned Trial Court as a primary piece of evidence while recording
the conviction, the material contents contained therein were not
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brought to the notice of the Appellants for their explanation. The
failure to confront the accused with such a fundamental circumstance
assumes greater significance as the allegation directly attributed the
act causing the fatal burns to Appellant Veermati.
25. Recording of a statement under Section 313 Cr.P.C. is not an
empty formality but a valuable procedural safeguard intended to
ensure fairness in criminal trials and to protect the rights of the
accused. Appellant Veermati is stated to be an illiterate lady and
therefore it was incumbent to put to her what was stated by the victim
in her statement (Ex. PW-10/C) before the SDM. In the absence of
any opportunity to explain this vital circumstance, clear prejudice has
been caused to the Appellants and they were deprived of an effective
opportunity to offer their explanation in relation to the incriminating
material relied upon by the prosecution. Therefore, notwithstanding
the evidentiary value otherwise attached to a dying declaration, the
same cannot be safely relied upon for sustaining the conviction of the
Appellants in the facts and circumstances of the present case.
26. In Sujit Biswas v. State of Assam , (2013) 12 SCC 406, the
Supreme Court held that the circumstances which are not put to the
accused in his examination under Section 313 CrPC, cannot be used
against him and must be excluded from consideration.
27. Similarly, the Hon’ble Supreme Court in the case of Raj Kumar
v. State (NCT of Delhi) (2023) 17 SCC 95, summarised the law on
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this aspect. Paragraph No. 22 of the said judgment is reproduced as
under:-
“22. The law consistently laid down by this
Court can be summarised as under:
22.1. It is the duty of the trial court to put
each material circumstance appearing in the
evidence against the accused specifically,
distinctively and separately. The material
circumstance means the circumstance or the
material on the basis of which the
prosecution is seeking his conviction.
22.2. The object of examination of the
accused under Section 313 is to enable the
accused to explain any circumstance
appearing against him in the evidence.
22.3. The Court must ordinarily eschew
material circumstances not put to the accused
from consideration while dealing with the
case of the particular accused.
22.4. The failure to put material
circumstances to the accused amounts to a
serious irregularity. It will vitiate the trial if it
is shown to have prejudiced the accused.
22.5. If any irregularity in putting the material
circumstance to the accused does not result in
failure of justice, it becomes a curable defect.
However, while deciding whether the defect
can be cured, one of the considerations will be
the passage of time from the date of the
incident.
22.6. In case such irregularity is curable, even
the appellate court can question the accused
on the material circumstance which is not put
to him.
22.7. In a given case, the case can be
remanded to the trial court from the stage of
recording the supplementary statement of the
accused concerned under Section 313CrPC.
22.8. While deciding the question whether
prejudice has been caused to the accused
because of the omission, the delay in raising
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the contention is only one of the several
factors to be considered.”
28. The Hon’ble Supreme Court in Aejaz Ahmad Sheikh v. State of
Uttar Pradesh & Anr. , 2025 SCC OnLine SC 913, while referring to
its previous decision in Raj Kumar (supra), inter alia , held as under:-
“22. The prosecution has heavily relied upon
the dying declarations of the two victims. As
this evidence was not put to the accused in his
statement under Section 313 of the CrPC, he
was denied an opportunity to explain the same.
Hence, this omission causes prejudice to him.
Therefore, the evidence of dying declaration
will have to be kept out of consideration.”
29. Having held that the dying declaration cannot be used as an
incriminating circumstance against the Appellants, it becomes
necessary to examine whether the remaining evidence on record
independently establishes the prosecution case. The law is well settled
that exclusion of one piece of evidence does not necessarily demolish
the prosecution case, if other reliable and cogent evidence remains
available. This principle was reiterated by the Supreme Court in
Goverdhan & Anr. v. State of Chhattisgarh , (2025) 3 SCC 378,
wherein it was, inter alia, held that if a clear picture emerges on
piecing together all evidence, which indicates beyond reasonable
doubt the role played by the accused in the perpetration of the crime,
the court holds the accused criminally liable and punishes them under
the provisions of the Penal Code, in contradistinction to the
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requirement of proof based on the preponderance of probabilities as in
case of civil proceedings.
30. Now coming back to the present case, the testimonies of PW-1
Roop Chand, the father of the deceased, and PW-2 Tota Ram, the
uncle of the deceased, assume considerable significance. The evidence
of PW-1 establishes that the deceased was compelled to leave her
matrimonial home and was left at her father’s house after being given
beatings in February, 2002, and she was residing with her parental
family for a substantial period owing to the persistent harassment
meted out to her. His testimony further reveals that the Appellants and
their relatives approached the parental family and sought
reconciliation, pursuant to which the deceased was sent back to her
matrimonial home 10-12 days before the incident. Significantly, PW-1
consistently stated that the demands raised by the Appellants were
specific in nature, namely, a sum of Rs.50,000/- or a plot of land and
even stated that the demands started 1-1.5 years before the incident.
These are not allegations of a vague or omnibus character, but specific
and distinct. The witness clearly attributed the demands to the
Appellants and explained the circumstances in which such demands
were made. The inability of PW-1 to recall exact dates and times of
each demand does not diminish the substance of his testimony,
particularly when the events had occurred over a prolonged period.
Human memory cannot be expected to preserve minute particulars of
every incident, especially in matters involving continuing matrimonial
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cruelty. The overall conspectus of his evidence inspires confidence
and bears the stamp of truthfulness.
31. The testimony of PW-2 lends substantial corroboration to the
version advanced by PW-1. It was PW-1 and PW-2 who had reached
the hospital after the information of the incident was received by
them. PW-2 categorically deposed that disputes between the deceased
and her matrimonial family arose on account of demands for money
and a plot. He further testified regarding a Panchayat being convened
for reconciliation and the circumstances in which the deceased was
sent back to her matrimonial home. Although, his testimony regarding
demand of cash or plot by appellants is based upon information
received from the deceased and her father, the same cannot be brushed
aside when considered in the backdrop of the surrounding
circumstances. Importantly, PW-2 consistently maintained that the
demand for Rs.50,000/- or a plot measuring 100 sq. yards was the
principal reason of discord between the parties, as confided by the
deceased. The defence could not establish any motive on the part of
PW-2 to falsely implicate the Appellants. His deposition is materially
consistent with that of PW-1 and reinforces the prosecution allegation
of dowry-related cruelty. The consistency between these two
witnesses on material particulars strengthens the credibility of the
prosecution case.
32. Thus, the depositions of PW-1 and PW-2 reveal that the
deceased was repeatedly subjected to cruelty on account of demands
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for Rs.50,000/- or a plot measuring 100 square yards. The Appellants
during the trial, could not elicit any material contradiction capable of
discrediting the prosecution’s version on these aspects. Merely
because these witnesses were related to the deceased, cannot be a
ground to discard their testimonies when their evidence otherwise
appears natural, consistent and trustworthy. Their relationship with the
deceased, in fact, places them in a position to be aware of the
difficulties faced by her during her matrimonial life.
33. In Sanjay D. Jain & Ors. v. State of Maharashtra & Ors.,
2025 INSC 1168, the Supreme Court held that criminal proceedings
based on vague and general allegations, unsupported by statutory
ingredients of the offence, cannot sustain a prima facie case. However,
this is not the matter in the present case. There are categorical
statements made by the father of the deceased that after a few days of
the marriage the in-laws started mistreating and harassing the
deceased and demanded money and plot, but as the father of the
deceased could not arrange the demands, the deceased was sent back
to her parental house in February 2002.
34. Another contention of the Appellants is that, the other family
members were not examined. This contention is also baseless as the
father and the uncle were the ones who went to the hospital and they
gave their statements to the SDM which were exhibited as Ex.PW-1/A
and Ex.PW-2/A. They were the key witnesses and their statements
have been recorded during the Trial.
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35. The contention of learned counsel that the allegations are vague
and general in nature does not merit acceptance. A careful reading of
the testimonies of PW-1 and PW-2 demonstrates that they did not
level generalized accusations of harassment. On the contrary, they
specified the nature of the dowry demand and explained the manner in
which the deceased was subjected to cruelty when such demand
remained unfulfilled since the father of the deceased could not afford
to fulfil the demand. The evidence also establishes that the deceased
had been residing at her parental home for several months from
February 2002 to September 2002 and was brought back to the
matrimonial home only after Panchayat intervened and assurances
were extended by the Appellants and their relatives. DW-2
Karambeer, who was present during the reconciliation meeting as per
his testimony given in the learned Trial Court, has corroborated the
same that there was a meeting and respectable members of the
families were present. Such circumstances clearly indicate the
existence of continuing matrimonial discord rooted in dowry-related
demands. The absence of a prior police complaint is likewise not fatal
to the prosecution case. In the social conditions prevailing in our
society, parents and close relatives of a married woman often refrain
from initiating criminal proceedings at the first instance, in the hope
that the matrimonial disputes may be amicably resolved and the
marital relationship be restored. More often than not, they avoid
approaching the police as they apprehend that the institution of
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criminal proceedings may further strain relations between the families
and diminish the prospects of the daughter leading a peaceful married
life. Such reluctance on the part of the parental family cannot, by
itself, be construed as a circumstance discrediting their allegations of
harassment or dowry demand. Therefore, the explanation furnished by
PW-1, father of the deceased, and PW-2, Uncle of the deceased, for
not lodging any complaint prior to the incident appears natural,
plausible, and consistent with ordinary human conduct.
36. The medical evidence also lends substantial assurance to the
prosecution case. The MLC Report (Ex. PW-12/A) records that the
deceased herself disclosed before the doctor that her mother-in-law
had poured kerosene oil upon her and set her on fire. Further, the post-
mortem examination conducted by PW-9 established that the deceased
suffered 100% antemortem flame burns and died due to shock
consequent thereto. Moreover, the statement made by the deceased in
the MLC Report, Ex. PW-12/A, finds substantial corroboration from
the articles recovered from the place of occurrence, that is, a burnt
plastic can smelling of kerosene oil, a burnt match box, and a pair of
burnt rubber gloves. Such recovery is wholly consistent with the
prosecution version that kerosene oil was poured upon the deceased
before she was set ablaze. More significantly, the presence of burnt
rubber gloves in the kitchen appears highly unnatural and constitutes a
telling circumstance, suggesting an attempt by the perpetrator to avoid
direct contact with kerosene, while committing the offence.
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37. The contention of the Appellants that the non-examination of
HC Ramphal Yadav, the PCR driver, the doctor who initially prepared
the MLC, and other witnesses is fatal to the prosecution case, does not
merit acceptance. It is settled law that the prosecution is required to
prove its case through reliable and cogent evidence and not by
examining each and every witness associated during investigation.
Mere non-examination of certain witnesses is not sufficient to discard
otherwise trustworthy evidence unless prejudice is shown to have been
caused. The Appellants have failed to demonstrate as to how the non-
examination of the PCR officials or certain other witnesses creates any
dent in the otherwise cogent and reliable prosecution case.
38. Furthermore, PW-12 Dr. Ritesh Purwar, duly and correctly
identified and proved the handwriting and signatures of Dr. Anju, who
had prepared the MLC and stated that she had left the hospital since
and was not traceable, thereby duly proving the medical record in
accordance with law. In Kamlesh v. State (judgment dated 05.01.2023
in CRL.A. 481/2019) this Court, while dealing with a similar
contention, held that the MLC is an authenticated record of injuries
which is prepared in regular course of business by the doctor and can
be relied upon by the Courts, even when the doctor who prepared the
MLC is not examined in the Court and record is proved by any other
doctor. It cannot be expected from the hospital to keep track of the
doctor after he leaves the hospital. Neither the doctor is expected to
keep the hospital informed about his/her whereabouts. Merely because
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the doctor who prepared the MLC is not personally examined, the
MLC cannot be disbelieved. Proving of MLC by a colleague doctor
who identifies the handwriting and signatures of the doctor who
examined the patient or by an administrative staff of the hospital who
identifies the signatures of the doctor is sufficient and good proof and
MLC cannot be doubted.
39. The contention of the Appellants that the contents of DD No.
4A are incorrect or create any doubt in the prosecution case, is wholly
misconceived and without merit. Merely because the DD entry
recorded that “ Guddi Pradhan ke yaha bahu ko sasural walo ne jala
dia ” does not in any manner affect the legality or credibility of the
subsequent investigation, particularly when the FIR itself came to be
registered only after the statement of the injured victim was formally
recorded by the SDM. A perusal of the deposition of PW-15 SI
Kishan Lal clearly shows that after reaching the hospital, the SDM
recorded the statement of injured Arti and thereafter handed over the
same along with his endorsement to the Investigating Officer, upon
which PW-15 made his endorsement, Ex. PW-15/A and sent the
rukka, Ex.PW-10/C, for registration of the FIR. PW-15 specifically
stated that only thereafter did he proceed further with the investigation
including inspection and photography of the spot and seizure of
incriminating articles. The testimony of PW-10, the SDM, further
establishes that before recording the statement of the deceased, he
moved an application, Ex. PW-10/A, seeking opinion regarding her
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fitness and the doctor declared the patient fit for making the statement
vide endorsement, Ex. PW-10/B. PW-10 categorically deposed that
thereafter he recorded the statement of injured Arti in his own
handwriting as Ex. PW-10/C, bearing the thumb impression of the
deceased, and that the statement was correctly recorded, as narrated by
her. Thus, the genesis of the prosecution case did not arise from the
DD entry no. 4A but from the statement of the deceased recorded by
the SDM after obtaining medical certification regarding her fitness to
make the statement. In these circumstances, the contention of the
Appellants that the contents of DD No. 4A render the prosecution case
doubtful is liable to be rejected.
40. The CFSL Report, Ex. PW-15/D, records that the exhibits were
analysed by chemical and gas chromatographic methods and residues
of kerosene were detected in Ex.1 and Ex.2. Whereas Ex.1 consisted
of one burnt plastic material, one empty match box and one burnt
rubber-like material recovered from the spot, Ex.2 comprised the hair
sample of the deceased taken by Dr. A.K. Sharma, PW-9, who
conducted the post-mortem of the deceased.
41. The defence evidence led by the Appellants during the trial does
not probabilise any alternate hypothesis consistent with the innocence
of the Appellants. The testimony of DW-1 that Appellant Veermati
was found weeping while holding the deceased’s head in her lap after
the incident, does not outweigh the other incriminating circumstances
established by the prosecution, including the recovery and seizure of
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the rubber gloves vide seizure memo Ex. PW-8/A, the scientific
evidence emerging from the CFSL Report, and the evidence
establishing the continued harassment and cruelty meted out to the
deceased testified by PW-1 and PW-2 as discussed above.
42. Human conduct is inherently variable and differs from person to
person. Therefore, such subsequent conduct, even if assumed to be
true, cannot by itself displace or dilute the cumulative effect of the
cogent circumstantial evidence on record, which, when considered in
its entirety, points towards the guilt of Appellant Veermati. Rather, the
conduct attributed to Appellant Veermati by DW-1 appears suspicious
inasmuch as despite the victim having sustained severe burn injuries,
instead of asking DW-1 to immediately call an ambulance, inform the
police or help her shift the victim to the hospital, her first reaction was
to ask him to call Appellant Nanak Chand. Likewise, the testimony of
DW-2 regarding frequent visits of the deceased to her parental home,
merely attempts to suggest a different source of discord within the
matrimonial relationship but does not negate the prosecution evidence
relating to dowry harassment and cruelty. The learned Trial Court
rightly appreciated the defence evidence and found it insufficient to
discredit the prosecution case, and held as under;
“It has come on record from the testimony of
DW-1 that accused Nanak was not at home.
He was on duty and DW-1, after the incident
went to call him. His father was also working
in the same area and both came home after
learning about the incident. Thus, it is clear
that Nanak was not at home when Arti was
burnt. It cannot be said that Nanak shared the
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same intention which her mother also shared.
As per the dying declaration it was mother of
Nanak who poured kerosene oil on her and set
her on fire. In the dying declaration deceased
has not implicated Nanak for setting her on
fire. It is argued by counsel that DW-1 found
Arti in lap of Veermati. Had Veermati burnt
Arti, she would not have taken her head in lap.
I consider this part of testimony of DW1 is not
believable. If Veermati had not burnt Arti, she
would have tried to save her, she being
mother-in-law could not have just been
watching her burnt. But no injury on her
person and not burning of her clothes shows
that she after setting deceased on fire kept her
watching burnt. Deceased was removed to
hospital by PCR. None from in-laws
accompanied deceased to hospital as Veermati
ran away from there. There is no reason to
disbelieve dying declaration as well as
statement made to doctor by deceased as to
how she was burnt. It seems that after Arti was
brought to home with the intervention of
relatives and common friends, the things did
not move smooth and Veermati started
nourishing animosity against Arti. On the date
of incident neither Nanak nor his father was at
home and only Arti and Veermati were at
home, Veermati poured kerosene on her and
set her on fire. There is no evidence that
Veermati tried to save her or cried for help to
save her. It is not the case of accused persons
that Veermati tried to save Arti. The case of
prosecution is that Veermati was not at home
when police reached there and Veermati was
seen by one woman going towards Badarpur
border. Veermati and Nanak were arrested
from Badar Pur border on the pointing out of
that lady. I consider that it was Veermati's sole
mental desperation due to which she killed
Arti by pouring kerosene on her...”
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43. Further, the conduct of the Appellants immediately after the
occurrence also constitutes a significant incriminating circumstance
against them. PW-15 SI Kishan Lal categorically deposed that during
inquiry a woman from the locality informed him that Appellants
Nanak Chand and Veermati had gone towards the Badarpur Border,
pursuant to which both the Appellants were apprehended there. This
version stands duly corroborated by PW-8 Constable Ajay Shukla,
who specifically stated that after the recovery and seizure of the burnt
articles from the spot, the police party proceeded in search of the
Appellants and they were apprehended near the Badarpur terminal,
and further by PW-11 Lady Constable Kanta who proved the personal
search memo of Appellant Veermati prepared at the police booth at
Badarpur Border.
44. Significantly, when the police initially reached the house,
neither of the Appellants was found present there, despite the fact that
the deceased daughter-in-law had sustained severe burn injuries and
had already been shifted to the hospital in a critical condition. If the
conduct attributed to Appellant Veermati by DW-1 is accepted,
namely that she was holding the head of the burnt victim and weeping
immediately after the incident, it becomes even more unnatural and
suspicious that shortly thereafter she was found not at the hospital or
near the victim, but at the Badarpur Border along with Appellant
Nanak Chand. The absence of the Appellants from the hospital or
from the house immediately after the incident, coupled with their
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apprehension at the border, assumes significance in the facts of the
present case. Though abscondence by itself may not conclusively
establish guilt, it nevertheless remains a relevant circumstance which,
when read conjointly with the recovery of incriminating articles from
the spot and the other evidence on record, lends further credence to the
prosecution case.
45. Viewed cumulatively, this Court is of the considered opinion
that while the dying declaration cannot be relied upon owing to the
failure to put its incriminating contents to the appellants during their
examination under Section 313 Cr.P.C., the prosecution case does not
collapse on that account. The independent testimonies of PW-1 and
PW-2 constitute reliable and cogent evidence establishing that the
deceased was subjected to cruelty and harassment in connection with
specific dowry demands. Their evidence is consistent, natural and free
from material infirmities. The conduct of the Appellants is far from
natural. The allegations are neither exaggerated nor omnibus but relate
to identifiable demands repeatedly raised by the Appellants.
Admittedly, the death of the deceased occurred within the span of 2.5
years of her marriage and the death occurred otherwise than under
natural circumstances at the matrimonial home of the deceased. The
learned Trial Court was therefore justified in placing reliance upon
these witnesses while appreciating the evidence on record. Even after
excluding the dying declaration from consideration, sufficient material
remains to sustain the findings regarding dowry-related cruelty.
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46. Accordingly, this Court finds no reason to interfere with the
impugned judgment, and the conviction of the Appellants is upheld.
The sentence imposed is proportionate and commensurate with the
offence committed. The appeals are, therefore, dismissed.
47. The Appellants, Nanak Chand and Veermati, are directed to
surrender before the concerned Jail Superintendent within a period of
two weeks from today for serving the remaining sentence. In the event
of failure to surrender, appropriate steps shall be taken by the
State/Trial Court to ensure their arrest for undergoing the remaining
sentence.
48. A copy of this judgment be sent to the learned Trial Court and
the concerned Jail Superintendent for information and necessary
action.
RAVINDER DUDEJA, J.
NAVIN CHAWLA, J.
JULY 22, 2026/na
Signature Not Verified
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