Dowry death case

UKS CHAUHAN (Querist) 21 September 2011 This query is : Resolved
In a dowry death case, dying declaration or statement of deceased who succumbed to 100% injury, was recorded by the doctor in MLC. The case history was that the patient was brought to hospital at 7.30 PM and statement recorded at 12.45AM next day and followed by recording of dying declaration by Police Inspector after obtaining fitness certificate from the said doctor.The inspector did not record the dying declaration in presence of any independent witnesses including doctor. The condition of patient stated by doctor during his deposition in court was oriented.
The accused husband and his two brothers and mother has been convicted for offence under sec 304A read with section 34 of IPC and awarded life imprisonment. High Court has upheld the decision of session court.

Kindly advise whether this is a fit case to file SLP in supreme court and on what grounds.

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kuldeep kumar (Expert) 21 September 2011
do u have any evidence to disprove ur conviction which could not have been taken or in courts knowledge.

ajay sethi (Expert) 21 September 2011
1)the order of session court has been affirmed by high court . unless we see the high court order it would not be possible to give our views .

2)dying declaration is accepted by courts . in your case it has been made before inspector ofpolice It is for the court to see that dying declaration
inspires full confidence as the maker of the
dying declaration is not available for cross
examination
2. Court should satisfy that there was no possibility
of tutoring or prompting.
3. Certificate of the doctor should mention that
victim was in a fit state of mind. Magistrate
recording his own satisfaction about the fit
4. Dying declaration should be recorded by the
executive magistrate and police officer to record
the dying declaration only if condition of the
deceased was so precarious that no other
alternative was left.
5. Dying declaration may be in the form of
questions and answers and answers being
written in the words of the person making the
declaration. But court cannot be too technical

Guest (Expert) 21 September 2011
Agree with Shri Sethi.

Shonee Kapoor (Expert) 21 September 2011
Do you have any other ground than this ground alone.

And I think it would be 304B and not 304A.

If this is the sole ground, then difficult to get the same overturned.

As rightly stated such matters can be discussed after seeing the case file and High Court order.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 21 September 2011
This issue is not easy to discuss only on this section. Better fix time with expert of your choice and personally discuss with him carrying all record of case.

UKS CHAUHAN (Querist) 22 September 2011
I appreciate Shonee Kapoor' answer. It is exactly 304B.
I would like to request to advise suitable ground considering the given facts on the record. The ground taken in high court was technicality of dying declaration only.
In dying declaration, the names of two brothers who live separately with their respective families also appeared. This ground was also discussed remotely. Can this be made a ground for excluaion of atleast two brothers who stands convicted in this case. If yes, can you suggest any reference to support our ground.

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