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Criminal LawSupreme Court of India

Pradeep Kumar v. State of Haryana

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 292 of 2011)Decided 2 Jul 2014
Criminal Appeal No. 292 of 2011
Justice Sudhansu Jyoti Mukhopadhaya · Justice S.A. Bobde

Background

Manju, also known as Uma Devi, suffered fatal burns less than nine months after marrying Pradeep Kumar. Her parents described demands for money and harassment. In a statement recorded by a magistrate she initially described an accident, then immediately said that her husband had instructed her to say so and gave an account of him pouring kerosene on her and setting her on fire.

Decision Breakdown

The Supreme Court dismissed the husband's appeal and upheld his convictions for dowry death and cruelty under Sections 304-B and 498-A of the Penal Code. It accepted the incriminating part of the dying declaration, recorded after medical confirmation of her fitness, in light of the medical evidence and her parents' testimony. The evidence established an unnatural death within seven years of marriage and dowry-related harassment soon before the death, attracting the statutory presumption. His efforts to help her afterwards, including donating blood, did not displace that evidence. His bail was cancelled and he was directed to serve the remaining sentence.

Lesson Learnt

A dying declaration is assessed with its circumstances and supporting evidence, even where the speaker first gives a different account. In a dowry death prosecution, evidence of recent dowry-related harassment is crucial to the statutory presumption.

Pradeep Kumar v. State of Haryana – Legal Case Shots | LegalAware