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The Supreme Court recently let off a man who was accused in a dowry death case and raised doubts about the dying declaration of the deceased.
A bench of justices BR Gavai, PS Narasimha and Prashant Kumar Mishra acquitted Phulel Singh, who was convicted under the offence of Section 304-B of the Indian Penal Code. "The most glaring aspect that is required to be considered is that the High Court itself has disbelieved the dying declaration insofar as Jora Singh, father-in-law of the deceased is concerned. We fail to understand as to how the same dying declaration could have been made the basis for conviction of the appellant when the same was disbelieved insofar as another accused is concerned," the apex court said. "In the totality of the circumstances, it cannot be said that the dying declaration is free from doubt," the top court said. The top court set aside the Punjab and Haryana High Court order which affirmed the Sirsa court order convicting the man under section 304-B of the Indian Penal Code. "The judgment and order of conviction as recorded by the trial court dated 14th September 1999 and affirmed by the High Court vide its impugned judgment and order dated 24th July 2009 are quashed and set aside," the top court and order that the appellant is acquitted of all the charges levelled against him. The man has challenged the High Court order before the Supreme Court. High Court has acquitted Singh's father but upheld the trial court order convicting Singh and sentencing him to undergo seven years imprisonment. The marriage between the deceased and the appellant was solemnized in March 1987. The prosecution case that the appellant used to harass the deceased on account of insufficiency of dowry. On November 5, 1991, i.e., on the festive day of Diwali, the deceased was admitted to hospital after she suffered burn injuries. Later she succumbed to burn injuries. (ANI)
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