Delhi High Court upheld the conviction of a husband and son accused of setting a woman ablaze, citing her consistent dying declarations. The Court invoked “Poot Kapoot Sune Hai Par Na Maata Sunee Kumaata” to stress a mother’s truthfulness.
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NEW DELHI: In a ruling, the Delhi High Court has upheld the conviction of a husband and his son for the brutal murder of a woman who was set ablaze in April 2000. The Court reaffirmed the evidentiary value of consistent dying declarations, holding them sufficient to sustain a conviction under Sections 302, 201, and 34 of the Indian Penal Code (IPC).
A Division Bench comprising Justice Subramonium Prasad and Justice Vimal Kumar Yadav delivered the judgment, dismissing the Criminal Appeal filed by the accused.
Background of the Case
The incident occurred in April 2000, when the victim, Gian Kaur, was sleeping on the terrace of her residence. Neighbours soon raised an alarm after spotting her engulfed in flames. Her daughter and son rushed her to the hospital, where she was admitted with 100% burn injuries.
Despite her critical condition, the deceased made two dying declarations:
- First dying declaration to the attending doctor, accusing her husband and son of pouring kerosene on her and setting her ablaze.
- Second dying declaration to the Investigating Officer, reiterating the same facts, with her sister-in-law present as a witness.
Based on the statements and other circumstantial evidence, both accused were convicted by the Trial Court. They then appealed to the Delhi High Court.
Arguments Before the Court
During the appeal:
- The husband, Mann Singh, absconded and was declared a proclaimed offender.
- The son, Didar Singh, passed away during the pendency of the appeal.
The counsel for the appellants argued that the woman’s death was suicidal, challenging the legality of the dying declarations and claiming they were recorded improperly.
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High Court’s Analysis
The Bench clarified that a dying declaration is admissible as long as it is genuine and made when the declarant is mentally fit, irrespective of whether it is recorded by:
- a Magistrate,
- a doctor,
- a police official, or
- any responsible individual.
The Court held that both dying declarations were consistent, spontaneous, and free from external influence.
The Court meticulously evaluated the scene of the crime and held that:
- No kerosene container, matchbox, spilled oil, or burnt surrounding objects were found at the spot.
- There was no evidence of accidental fire or self-immolation.
- It is implausible that the victim would pour kerosene, set herself on fire, and then remove the ignition materials from the scene afterward.
Thus, the Court concluded that the death was neither accidental nor suicidal, leaving homicide as the only logical conclusion.
The Bench highlighted the emotional and moral significance of a mother-child relationship, famously quoting:
“Poot kapoot sune hai par na maata sune kumata.”
The Court stated that the victim would have no reason to falsely implicate her own husband and grown-up son, especially while enduring extreme pain and facing imminent death.
The Delhi High Court affirmed that:
- The dying declarations were trustworthy,
- The prosecution’s case was coherent, and
- The circumstantial evidence supported the dying declarations.
Consequently, the Court held the accused responsible for the murder and upheld their conviction.
Case Title:
Didar Singh & Anr. v. State (Govt. of NCT of Delhi)
CRL.A. 366/2002
READ JUDGMENT
