Madhya Pradesh High Court
Smt. Rani Sharma vs The State Of Madhya Pradesh on 27 April, 2018
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THE HIGH COURT OF MADHYA PRADESH
MCRC.4731/2017
Smt. Rani Sharma Vs. State of M.P. & Ors.
Gwalior Dated :27.04.2018
Shri V.D. Sharma, counsel for the petitioner.
Shri D.S. Tomar, Public Prosecutor for the respondent / State.
Shri R.S. Yadav, counsel for the respondent No.2. The inherent powers of this Court u/s 482 Cr.P.C. are invoked to assail the FIR (Annexure A-1) dated 27.08.2010 bearing crime No. 370/2016 registered at Police Station Thatipur alleging offences punishable u/Ss. 306, 302 and 34 IPC against the petitioner who happens to be the sister-in-law (Nanad) of the deceased Rani.
Pertinently, in the present case petitioner / accused as well as deceased both are named Smt. Rani Sharma.
It is submitted by counsel for the petitioner that incident of murder / abetment to suicide alleged in the FIR is a concocted story of the prosecution where an accident has been given the shape of an offence of murder / abetment to suicide. It is submitted that the first version of the incident is reflected in the MLC prepared by the Dr. Manisha Singh on 22.08.2016 at 5 pm by noting that the injured/ deceased narrating the incident informs that while she was cooking food at home her clothes caught fire at about 1 pm on 22.08.2016. Thereafter, it is submitted that her second dying declaration dated 22.08.2016 recorded in shape of statement recorded u/s 161 Cr.P.C in which the deceased again categorized the incident to be an accident. Thereafter it is submitted that on 24.08.2016 in-laws of the husband and injured / deceased got her discharge from the hospital as LAMA ( leave against medical advice). It is thus submitted that burn injuries were superficial and not serious in nature. Thereafter another statement of the injured / deceased was recorded on 25.08.2016 by the Executive Magistrate which was implicative in nature imputing pouring of kerosene oil by the petitioner over the deceased and setting her on fire.
It is submitted by relying upon the decision of the Apex Court in 2 THE HIGH COURT OF MADHYA PRADESH MCRC.4731/2017 Smt. Rani Sharma Vs. State of M.P. & Ors.
the case of Sharda Vs. State of Rajasthan reported in (2010) 2 SCC 85 that in cases of multiple dying declaration, the court has to be circumspect in straightway believing the one which is implicative over those which are not. It is further submitted that petitioner resides away from the matrimonial home of the deceased and therefore, the entire prosecution story is not only false but an attempt to malign and persecute the petitioner, who is innocent.
Learned counsel for the State and complainant submit that the present petition deserves to be dismissed in the face of implicative dying declaration based on which the petitioner cannot be allowed to go scotfree just because earlier two exculpatory versions were extracted from the deceased by putting her under pressure.
After going through the three dying declarations, this Court has no manner of doubt that at this early stage of prosecution this Court ought not to comment upon the probative value of the dying declarations. The said function lies within the jurisdiction of trial court while marshalling evidence which is yet to be adduced.
However, on prima facie scrutiny of the said dying declarations, the earlier two versions in shape of disclosure made by deceased during her medical examination reflected in the MLC prepared by Doctor and statement of deceased u/s 161 Cr.P.C. prepared by the police, ostensibly appear to tempt this court to be accepted as true. However, the first extenuating version in the MLC itself was not a dying declaration but a mere version of the incident said to be narrated by the injured deceased before the Doctor who prepared the MLC. The Doctor while preparing the MLC noted down the said disclosure given by the deceased. The said version cannot be prima facie believed to be true at this early stage in the absence of pre- requisites and the dying declaration subjected to rigors of evidence.
Similar is the fate of second exculpatory dying declaration in shape of Sec. 161 Cr.P.C. statement. It may not be out of place to 3 THE HIGH COURT OF MADHYA PRADESH MCRC.4731/2017 Smt. Rani Sharma Vs. State of M.P. & Ors.
mention here that the safeguards enunciated by the Apex Court for rendering a dying declaration to be trustworthy are the presence of certification disclosing the physical and mental state of the injured at the time of making of the statement and also the certification of the scribe of the dying declaration that statement was read over after having been recorded.
As regards third dying declaration which is inculpatory in nature the same appears to prima facie satisfy the pre-requisites for the statement to qualify as dying declaration and therefore, at this stage when only prima facie scrutiny is required, this Court cannot over look and ignore the inculpatory dying declaration.
The prosecution is at a very early stage where trial has not yet begun and therefore, this Court would not like to pre-empt a decision at this stage especially in such a grievous offence where the deceased is alleged to have been burnt to death by her husband and in-laws.
Consequently, the present petition is untenable and therefore, dismissed as such.
(Sheel Nagu)
sarathe Judge
Digitally signed by
NAVEEN KUMAR
SARATHE
Date: 2018.05.04 19:32:54
+05'30'