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Som Nath Vs. State of Haryana - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Judge
Reported inAIR1980SC1226; 1980CriLJ925; (1980)3SCC301; [1980]3SCR280; 1980(12)LC421(SC)
ActsEvidence Act - Sections 32
AppellantSom Nath
RespondentState of Haryana
Excerpt:
- motor vehicles act (59 of 1988)section 168: [s.b. sinha & v.s. sirpurkar,jj] accident contributory negligence-collision between car and truck evidence showing that truck driver at high speed hit the car - car was going on its own side - no evidence that there was any failure on part of car driver to take any particular care held, finding that accident was result of contributory negligence on part of car driver is improper. reduction of compensation payable to deceased car driver by 50% was unwarranted. .....with this conviction, and would have been shocked ourselves if any other course had been adopted either by the trial court or by the high court. gender justice has a high place in indian criminal jurisprudence. dismissed.
Judgment:
ORDER

V.R. Krishna Iyer, J.

1. Wife burning-that atrocious species of murder horrendously escalating in some parts of this country-is the shocking crime proved, according to two courts, by the prosecution in this case. Concurrent findings of fact cannot be disturbed save on enormity of improbability which we are unable to see in the present case. The three dying declarations corroborated by other circumstances are sufficient in our view to bring home the offence. Counsel has sought to discredit these declarations relevant Under Section 32 of the Evidence Act forgetting that they are the groaning utterances of a dying woman in the grip of dreadful agony which cannot be judged by the standards of fullness of particulars which witnesses may give in other situations. To discredit such dying declarations for shortfalls here or there or even in many places is unrealistic, unnatural and unconscionable if basically there is credibility. The terrible in this case has taken place in the house and in the presence of the husband who has been convicted. We hardly see any reason for interfering with this conviction, and would have been shocked ourselves if any other course had been adopted either by the trial court or by the High Court. Gender justice has a high place in Indian criminal jurisprudence. Dismissed.


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