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news details
HC upholds life imprisonment to man for murdering wife
4/21/2017 10:34:41 PM
Early Times Report
Jammu, Apr 21: A high court division bench of Chief Justice Baddar Durez Ahmed and Justice Alok Aradhe today upheld the trial court judgement whereby it had awarded life imprisonment to a man for murdering his wife.
The court directive came in an appeal filed by Shalinder Singh against the trial court judgment. Upholding the trial court judgement, the bench said 'a dying declaration can form the sole basis of conviction'.
According to the police case, Shalinder had on February 1, 2001 poured kerosene oil on his wife and set her afire, after he was told by his mother that she had illicit relations with her brother-in-law Mohinder Singh. She was not shifted to hospital for treatment even as she had received 60 to 85 pc burns.
The bench said so far as the submission made on behalf of the appellant that the testimony of prosecution witness Bimla Devi was full of contradictions, it was of no assistance to him as his conviction was based on the dying declaration of the deceased.
The contention that statement contained in the dying declaration that Shankari Devi was consuming liquor along with her son, son-in-law and daughter deserved to be rejected as the victim had not said so in the dying declaration, the bench added.
Similarly, the fact that the deceased was not found pregnant as stated by her in her dying declaration had no impact on the veracity of the dying declaration. "It is trite law that it is not necessary that dying declaration should be recorded in the same language which the deceased spoke or understood especially when the contents of dying declaration were explained to her. Therefore, even assuming that the victim did not understand Urdu language and the dying declaration was recorded in Urdu is of no assistance to the appellant in view of the fact that contents of her statement were explained to the her. The discrepancies in the evidence of prosecution witnesses were mere aberrations or omissions, which have occurred due to efflux of time and which have no impact on the veracity of the dying declaration," the court said.
With these observations, the bench dismissed the appeal and upheld the life imprisonment awarded to the accused by the trial court.
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