VidhiSangh

Supreme Court of India · 16/08/2022

MAKHAN SINGH versus THE STATE OF HARYANA

[2022] 13 S.C.R. 357 · 2022 INSC 831

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Summary

The appellant's wife consumed a poisonous substance about two years after marriage and died some weeks later. In a first dying declaration recorded by a Judicial Magistrate after a doctor certified her fit, she said she took a medicine by mistake and suspected no one. Three days later, a second declaration before another Magistrate, with her relatives in the hospital and no medical fitness certificate, accused the appellant and his parents of forcing it on her. The trial court convicted the appellant under Section 304-B IPC but acquitted his parents on the same evidence, and the High Court reduced the sentence. Applying Lakhan, the Court held the first declaration more reliable, as tutoring of the second could not be ruled out. The appellant was given the same benefit of doubt as his parents and acquitted.

Issues

  1. Which of two inconsistent dying declarations, both recorded by Judicial Magistrates, could be relied upon to sustain a conviction under Section 304-B IPC.
  2. Whether the appellant could be convicted on the same evidence on which his co-accused parents were given the benefit of doubt.

Provisions considered

Held

Result

Appeal allowed. The conviction under Section 304-B IPC and the judgments of the trial court and High Court are set aside; the appellant is acquitted and his bail bonds discharged.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 357.