Relying on dying declaration as sacrosanct, the Delhi high court refused to grant respite to a man who set his wife on fire in a fit of rage when she refused to have intercourse with him. While upholding the judgement of a trial court, a bench headed by Justice Sanjay Kishan Kaul said, “A dying declaration is sacrosanct as it is the
last words on the lips of the deceased before he/she makes peace with the maker. The dying declaration is, thus, given a greater sanctity even though the opportunity of cross-examination to the suspect is not available.”
The court observed it is implausible that a person, who is on the verge of death, can lie. The convict, Mohan, a resident of Shahdara area was awarded life imprisonment by a sessions court for killing his wife in 1996.
“The fact, however, remains that the deceased deposed against the appellant (Mohan) that being under the influence of alcohol he got enraged on her refusal to have sex with him and caused him to commit the horrendous act of setting her on fire,” the bench said.
Taking exception to the discrepancies in statements given by Mohan, the court said, in an attempt to protect the appellant, defence witnesses clearly made false statement. Mohan, however, claimed that his wife had suffered burns while making tea. Later, during the examination, he retracted from his earlier declaration and maintained that his wife had set herself on fire.
The court also rejected the plea taken by the defence which has said it was a case of suicide as the deceased was frustrated due to her continuing illness.
Saying that there is no reason to disbelieve the dying declaration of the deceased, the bench said, “We find that the case against the appellant of having set his wife on fire has been proved beyond all reasonable doubts and the appellant cannot escape the consequences of the heinous act.”