Dying Declaration Can Sustain Conviction Even Without Doctor's Certificate of Fitness: Punjab & Haryana HC Upholds Conviction in Dowry Death Case

Punjab and Haryana High Court in Amrik Singh & Another v. State of Haryana (CRA-S-2030-SB-2003) reaffirmed the conviction of two appellants under Sections 304-B (dowry death) and 498-A (cruelty) of the Indian Penal Code (IPC). The appellants, Mohinder Singh and Amrik Singh, had contested their conviction for the dowry death of Mohinder’s wife, Paramjit Kaur. The court ruled that the evidence, including the victim’s dying declaration, was sufficient to uphold the conviction. The court further reinforced the presumption under Section 113-B of the Indian Evidence Act, which places the burden of proof on the accused in cases of dowry death occurring within seven years of marriage.

The case revolved around the tragic death of Paramjit Kaur, who had been married to Mohinder Singh for approximately two and a half years. On September 15, 2001, she consumed poison, specifically aluminum phosphide, and later died in Shah Hospital, Kaithal. Her father, Karnail Singh, lodged a complaint alleging that Paramjit had been subjected to cruelty and dowry demands by her husband, Mohinder Singh, her father-in-law, Amrik Singh, and other relatives.

The trial court had convicted Mohinder Singh and Amrik Singh under Sections 304-B and 498-A of the IPC, sentencing them to seven years of rigorous imprisonment for dowry death and one year for cruelty. The appellants challenged the trial court's decision, asserting that the dying declaration was unreliable due to the absence of a doctor’s fitness certificate and insufficient evidence to substantiate the dowry demands.

The validity and reliability of the dying declaration – The appellants argued that the dying declaration lacked a certification of fitness from a doctor, rendering it inadmissible.

The presumption under Section 113-B of the Indian Evidence Act – Given that the death occurred within seven years of marriage, the court had to determine whether the presumption of dowry death applied.

Sufficiency of evidence for dowry demand and cruelty – The appellants contended that the evidence did not adequately prove harassment or dowry demands.

The court ruled that the absence of a doctor’s certificate did not invalidate the dying declaration. Justice Sudepti Sharma noted, “The dying declaration, recorded by the Additional Chief Judicial Magistrate, was found credible and supported by other evidence, including witness testimonies and medical reports.” The court cited prior rulings from the Supreme Court to affirm that a dying declaration can form the basis of conviction even without a doctor’s certificate if corroborated by other evidence.

The court observed that since Paramjit Kaur’s death occurred within seven years of marriage, and evidence suggested she was subjected to cruelty in connection with dowry demands, the burden of proof shifted to the accused under Section 113-B of the Evidence Act. The appellants failed to rebut this presumption. The court emphasized, “Once all the essential ingredients are established by the prosecution, the presumption under Section 113-B, Evidence Act mandatorily operates against the accused.”

The court held that the prosecution had successfully demonstrated that Paramjit Kaur faced harassment and dowry demands soon before her death. Testimonies from her father and other witnesses established a consistent narrative of cruelty, supporting the conviction under both Sections 304-B and 498-A IPC.

The court dismissed the appeal, upholding the convictions. It reasoned that the evidence, including the dying declaration and medical testimony, firmly established that Paramjit Kaur died under unnatural circumstances due to poison ingestion, which was precipitated by harassment over dowry demands.

Dying Declaration: The court found that the dying declaration, despite the absence of a doctor’s fitness certificate, was corroborated by multiple sources, including witness statements and medical reports. “A dying declaration can be the sole basis for conviction if it inspires confidence and is corroborated by other evidence,” the court held.

Medical Evidence: The post-mortem report and chemical analysis confirmed aluminum phosphide poisoning, corroborating the prosecution’s case that Paramjit’s death was unnatural and linked to dowry harassment.

Burden of Proof under Section 113-B: The presumption under Section 113-B was triggered due to the timing and circumstances of Paramjit’s death, placing the onus on the appellants to prove their innocence. The appellants were unable to provide evidence that rebutted the prosecution’s claims.

The Punjab and Haryana High Court upheld the conviction and sentence of Mohinder Singh and Amrik Singh for dowry death and cruelty towards Paramjit Kaur. The court emphasized the role of the presumption under Section 113-B of the Evidence Act and ruled that the dying declaration, though lacking a doctor's certification of fitness, was credible and legally admissible. The appeal was dismissed, and the trial court’s decision was affirmed.

Date of Decision: September 12, 2024

Amrik Singh & Another v. State of Haryana