The Supreme Court in the present judgement decides the admissibility of the Dying Declaration made by the deceased in the present facts and circumstances of the case. The Supreme Court also elaborates on the reasons which lead the witness to turn hostile. `
Ramesh & others v. State of Haryana
Criminal appeal nos. 2526 of 2014
In the supreme court of India
Bench: A.K. Sikri and Amitava Roy, JJ.
Delivered on: November 22, 2016
Advocates for appellant: Mr. Praveen Kumar Aggarwal, Adv., Mr. U.P. Singh, Adv., Mr. Sanjay Jain, Adv.
Advocates for respondent: Mr. Jaydeep Kumar Sharma, Adv., Mr. Gyanendra Kumar, Adv., Mr. Vishwa Pal Singh, Adv.
Brief Facts: the marriage between the accused husband and the deceased wife were solemnized 20 years before. Out of the said marriage, they had two sons. In the dying declaration, two incidents were narrated by the deceased:
- She was thrown into the well after her marriage by her husband
- She was set at ablaze by her husband, devar, devarani & mother-in-law. These people also used to demand dowry by means of buffalo, money or scooter.
A FIR No. 254 on 28th September 1999 was registered in the police station against the accused persons for the offenses under section 302, 34, 498A of Indian Penal Code, 1960.