Supreme Court Exposes Flaws in Prosecution’s Case, Acquits Appellant Amidst Dying Declarations Scrutiny
TITLE: SURJIT SINGH V. STATE OF PUNJAB
CITATION: CRIMINAL APPEAL NO. 565/2012
DECIDED ON: 7 DECEMBER 2023.
CORAM: JUSTICE ABHAY S. OKA, JUSTICE PANKAJ MITHAL
Facts of the Case
Surjit Singh, the appellant, was convicted under Section 302 of the IPC for allegedly poisoning his wife amid persistent marital disputes. On July 6, 1999, he purportedly mixed a substance in her drinking water, leading to her deterioration in health. The dying declaration, implicating the appellant, was recorded by ASI Surjit Singh, but conflicting testimony from Dr. Manvir Gupta (PW-13) and the absence of examination of Dr. Sudhir Sharma, who certified fitness, raised doubts. Surjit Singh’s admission that Dr. Sudhir Sharma refused a fitness certificate further questioned the credibility. The court concluded the prosecution failed to establish guilt beyond a reasonable doubt, leading to Surjit Singh’s acquittal on December 7, 2023, with the cancellation of bail bonds.
Issues Involved
The key issue is whether the prosecution has established the guilt of the appellant beyond a reasonable doubt based on the evidence presented. The admissibility and reliability of the dying declaration recorded by Surjit Singh (PW-10) are crucial issues in question. The credibility of Dr. Manvir Gupta (PW-13), who recorded a contradictory dying declaration, and the absence of examination of Dr. Sudhir Sharma, the doctor who allegedly gave fitness certification, raise doubts about the prosecution’s case.
Legal Provisions
Section 302 IPC: Deals with punishment for murder. Dying Declaration: A statement made by a person, who is dead, explaining the cause of their death. Admissible in court under certain conditions.
Court’s Observation and Analysis
The central issue before the court was whether the prosecution successfully established the guilt of the appellant beyond a reasonable doubt based on the presented evidence. A crucial aspect under scrutiny was the admissibility and reliability of the dying declaration recorded by Surjit Singh (PW-10). However, the court noted significant inconsistencies in the prosecution’s case, particularly regarding this dying declaration. The testimony of Dr. Manvir Gupta (PW-13), who recorded a contradictory dying declaration where the deceased claimed to have voluntarily consumed poison, added a layer of doubt to the prosecution’s version. Moreover, the absence of examination of Dr. Sudhir Sharma, the doctor allegedly certifying the fitness of the deceased, raised questions about the reliability of the process. In light of these discrepancies, the court concluded that the prosecution had failed to prove the appellant’s guilt beyond a reasonable doubt. Emphasizing the lack of clarity and inconsistencies in the evidence, especially concerning the dying declarations, the court set aside the lower court judgments, acquitted the appellant, and canceled his bail bonds.
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Written by- Komal Goswami