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Prempal v. State of Haryana

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 2030 of 2012)Decided 3 Sept 2014
Criminal Appeal No. 2030 of 2012
Justice T.S. Thakur · Justice R. Banumathi

Background

A woman suffered extensive burns and, before dying, told an executive magistrate that her brother-in-law Prempal had poured kerosene on her and set her on fire. He challenged his murder conviction, arguing that her ninety-five percent burns prevented a reliable statement and that a relative's account implicated another person differently. He also suggested that she had died by suicide.

Decision Breakdown

The Supreme Court dismissed the appeal and upheld the murder conviction and life sentence. The doctor certified her fitness, remained during recording and confirmed that she was conscious; the magistrate's clear account supported the statement's reliability. The relative's attempt to implicate the father-in-law did not materially contradict the proved act attributed to Prempal, and that other accused had been acquitted. The Court rejected the unsupported suicide explanation and held that a reliable, voluntary dying declaration could itself sustain conviction.

Lesson Learnt

Severe burns do not by themselves establish that a victim was incapable of giving evidence. The court must examine actual consciousness, medical observations, the recording process and the statement's reliability before acting on it.

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

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