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Kashmira Devi v. State of Uttarakhand & Ors.

Criminal Appeal · 2020 INSC 99Decided 28 Jan 2020
Criminal Appeal No. 724 of 2019
Justice R. Banumathi · Justice A.S. Bopanna

Background

The appellant's daughter-in-law died of burn injuries about four years into her marriage, after repeated complaints to her parents of dowry harassment by her husband and in-laws. Three different dying declarations were recorded: the first two (made while her in-laws were present) said the death was accidental due to a stove bursting, while the third (made after her parents arrived) squarely blamed the appellant, her mother-in-law, for pouring kerosene on her and setting her on fire. The trial court acquitted the appellant, finding the evidence doubtful, but the High Court reversed this and convicted her, awarding life imprisonment.

Decision Breakdown

The Supreme Court upheld the conviction under Sections 304-B and 498-A IPC, agreeing with the High Court that the earlier two dying declarations were unreliable because they were recorded while the accused family controlled access to the victim, whereas the third declaration, made once her own parents were present and she had no reason to fear retaliation, was credible and consistent with the evidence of sustained dowry harassment. However, the Court found that a life sentence was excessive given the appellant's age and family circumstances, and reduced the sentence to seven years' rigorous imprisonment (inclusive of time already served), while upholding the conviction itself.

Lesson Learnt

Where a dying person gives multiple, conflicting statements, courts give more weight to the one made once the person is free from the influence or presence of those being accused: a lesson both about the law of evidence and about why genuine independence matters when any statement is recorded from someone in a vulnerable position.

Official source (sci.gov.in)View Judgment (PDF)

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