Supreme Court of India
Phulel Singh v. State of Harayana
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What the Court ordered
In the result, we pass the following order: (i) The appeal is allowed; (ii) The judgment and order of conviction as recorded by the trial court dated 14th September 1999 and affi rmed by the High Court vide its impugned judgment and order dated 24th July 2009 are quashed and set aside; and (iii) The appellant is acquitted of all the charges levelled against him and his bail bonds shall stand discharged.
Judgment, page 10
From the headnote
Issue for consideration: Whether in the totality of the circumstances, it can be said that the dying declaration (Ex. P.L.) is free from doubt; whether evidence prove beyond reasonable doubt that the deceased was harassed on account of non-fulfi llment of demand of dowry. Evidence Act, 1872 – Dying Declaration – Dying declartion free from doubt or not – Doubt whether the dying declaration recorded was voluntary or it was tutored – Doubt regarding fi tness of victim – Variation in statement made by victim: Held: The present case mainly rests on the dying declaration of the deceased – In the
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