Punjab & Haryana High Court Acquits Husband in Dowry Death Case; Holds Dying Declaration Unreliable Due to Procedural Lapses and Medical Inconsistencies
Case Name: Teja Singh v. State of Punjab
Date of Judgment: 15 January 2026
Citation: CRA-D-564-DB-2004
Bench: Hon’ble Mr. Justice N.S. Shekhawat and Hon’ble Mrs. Justice Sukhvinder Kaur
Held: The Punjab and Haryana High Court held that a conviction for murder cannot be sustained solely on a dying declaration which suffers from serious procedural infirmities, lacks proper medical certification regarding the mental fitness of the declarant, and is contradicted by surrounding circumstances and medical evidence. The Court held that where the dying declaration appears manipulated, influenced, or unreliable, it must be rejected, and the accused is entitled to the benefit of doubt.
Summary: The criminal appeal was filed challenging the judgment dated 04.05.2004 passed by the Additional Sessions Judge, Mansa, whereby appellant Teja Singh was convicted under Section 302 IPC and sentenced to life imprisonment, while co-accused Baljit Singh @ Goga was convicted under Section 302 read with Section 34 IPC. During pendency of the appeal, proceedings against Baljit Singh abated on account of his death.
The prosecution case was based primarily on an alleged dying declaration made by the deceased Virpal Kaur, who sustained 99% burn injuries and later succumbed. The declaration was recorded by a police officer in the presence of a doctor, attributing the act of burning to her husband and brother-in-law following a domestic dispute.
The High Court undertook an exhaustive analysis of the evidentiary value of dying declarations and reiterated the settled legal principles governing their admissibility and reliability. It noted that although a dying declaration can form the sole basis of conviction, it must inspire complete confidence and be free from suspicion, tutoring, or procedural irregularities.
On facts, the Court found multiple infirmities. It observed that the medical certification regarding the deceased’s fitness to make a statement was not recorded contemporaneously by the doctor in his own handwriting and that the endorsement regarding mental fitness was written by the investigating officer himself. The Court expressed serious concern over non-compliance with repeated judicial directions requiring doctors to certify the physical and mental condition of the declarant with precision, including the time of commencement and conclusion of recording.
The Court further noted that despite allegations in the dying declaration that the deceased was beaten after being set ablaze, no corresponding injuries were found either during medico-legal examination or post-mortem. The presence of 99% burns with severe respiratory involvement, low blood pressure and feeble pulse rendered it highly improbable that the deceased could have made a detailed statement.
Additionally, the testimony of independent witnesses, including a neighbour and a relative who reached the spot, supported the defence version that the deceased had bolted herself inside the room and sustained burns in a suicidal act, after which the door was forcibly opened to rescue her. Photographic evidence showing a bent inner bolt further corroborated this version.
The Court also found the alleged motive to be weak and implausible, observing that a trivial domestic dispute regarding residence could not reasonably explain a husband killing his pregnant wife. The conduct of the appellant in immediately shifting the deceased to hospitals and bearing medical expenses was held to be inconsistent with guilt.
Decision: The appeal was allowed. The conviction and sentence dated 04.05.2004 passed against appellant Teja Singh were set aside, and he was acquitted of all charges. The appeal against co-accused Baljit Singh @ Goga stood abated due to his death.