Dowry Death Case | Supreme Court Surprised At HC Using Same Dying Declaration To Convict Husband While Disbelieving It For Father-in-Law

The Supreme Court, while acquitting a convict in a dowry death case, emphasized the critical importance of ensuring that a dying declaration is trustworthy and reliable, and inspires confidence when it is considered the sole basis for a criminal conviction. It observed “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 therefore find that the case under Section 304-B of IPC is not made out by the prosecution.” A 3 judge bench of the Supreme Court comprising Justices BR Gavai, Justice PS Narsimha, and Justice Prashant Kumar Mishra was hearing an appeal against a division bench judgment of the Punjab & Haryana High Court where a criminal appeal was partly allowed in a dowry death case. The Court opined “Insofar as harassment with regard to non-fulfillment of demand of dowry is concerned, except the vague allegation, there is nothing in their evidence to support the prosecution case In light of these observations and doubts surrounding the evidence, the Supreme Court concluded that the prosecution had not established the case under Section 304-B of IPC beyond a reasonable doubt.