# J02 BHAGWAN KAUR v. MAHARAJ KRISHAN SHARMA & ORS

- **Citation:** [1973] 2 S.C.R. 702
- **Court:** Supreme Court of India
- **Decided:** 1972-10-25
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/j02-bhagwan-kaur-v-maharaj-krishan-sharma-ors-5891
- **Pages:** 12

## Headnote

J02
BHAGWAN KAUR
A
V.
MAHARAJ KRISHAN SHARMA & ORS.
October 25, 1972
i.H. R. KHANNA AND Y. V. CHANDRACHUD, JJ.]
Critninal trial-Appraisal of evidence in case of alleged nu1rder by
B
.sulphuric acid poisoning-Murder or suicide-Conduct of accusedOpinion of handwriting expert providing alleged dying declaration to be
in deceased's handwriting-Evidence of handwriting expert not re/iableAppeal under Art. 136, Constitution of India-This court does not re.
apprise evidence except when there is some glaring infirn1iry in High Court's
ji1dgn1ent resulting in n1iscarriage of justice.
"'·
The first respondent and his mother were charged with i:he murder of
his wife on the allegation that they had forcibly administered sulphuric
acid poison to the deceased.
Immediately after finding his wife in a
serious condit:on the first respondent had sent for a doctor \Vho had
.advised him to take her to hospital and had also informed the police.
In the hospital, according to th~ prosecution, the deceased had recovered
consciousness 'for et while and had given a piece of writing P.W.l/A to
her mother charging the husband with poisoning her; she had also made
a similar oral statement to h~r mother and another woman. A handwriting
·expert gave his opiniori that the writing in document P.W. l/A \Vas similar
to the ;yJmitt~d \Vr!tings of the deceased.
At their trial the two accused
stated that the acid was not administered to the deceased but had been
swallowed by herself. The Additional Sessions Judges relying on P.W.l/A
held tho.~ the accused were guilty.
He did not rely on the oral dying
declaration of the deceased to her mother and
another
woman. The
High Court in appeal held that the dee.eased had r.ommitted suicide. It
found
inherent weaknesses
a:rxl
improbabilities in document P.W.1 /A.
Against the High Court's judgment acquitting the accused the mother of
the deceased appealed to this Court.
HELD : This Court in an appeal under Art. 136 of the Constitution
does not normally reappraise evidence unless it finds some gl2ffing infirmity
in the judgment of the High Court as might have resulted in miscarriage
of justice.
No such infirmity was pointed out in the present case.
On
the contrary the High Court had properly appraised the evidence and had
arrived at its conclusion in a. well~reasoned judgment.
Tue evidence of the medical expert showed that the quantity of acid
which caused the injuries on the internal organs of the deceased could not
have been forcihly administered.
The conduct Of the occused in calling
the doctor while the deceased V.'M alive was con;;istent with their innocence
rather than guilt.
While the accused had come out with the version of
suicide at a very early stage, the complainant had come out with the allegation of murder at a very late stage.
Not much value could be attached to the evidence df. t~e hand\\Titing
expert who proved P.W.l/A. Th.e evidence of a handwntmg expert, un·
like that of a fingerprint .expert ts generally of a frail character and its
fallibilities have been quite often noticed.
The courts shout~,. therefore,
be warv to give too much weight to the evidence of handwnhng expert.
[7120-E]
Sri .Sri Sri Kishore Chandra SinRh Dea v. Babu Ganesh Prasad Bhagat
& Ors., A.LR. 1954 S.C. 316, referred to.
c
D
E
F
G
H
A
BHAGWAN KAUR v. M. K. SHARMA (Kha1111a, !.)
703
The various circumstances of the case irresistibly pointed to the conclusion that the deceased committed suicide by taking sulphuric acid. The
appeal must consequently fail.
CR!MI~AL APPELLATE
JURISDICTION :
Criminal
Appeal
'."o. 235 of 1969.
H
Appeal by special leave from the judgment and order dated
January 31, J 969 of the Delhi High Court at New Delhi in Crin1inal Appeal No. 28 of 1968.
c
Bawa G11rcharan Singh and HarballS Singh, for the appellant.
f':lumdcli11 Ahmea and B. Dutta, for respondent No. I.
N111wldi11 ;l/m1etl and G. D. Gupta, for respondent No. ~
The hldgment of the Court was delivered by
•
KHANNA, J. Maharaj Krishan Sharma (34) and his moth

## Text

J02
BHAGWAN KAUR
A
V.
MAHARAJ KRISHAN SHARMA & ORS.
October 25, 1972
i.H. R. KHANNA AND Y. V. CHANDRACHUD, JJ.]
Critninal trial-Appraisal of evidence in case of alleged nu1rder by
B
.sulphuric acid poisoning-Murder or suicide-Conduct of accusedOpinion of handwriting expert providing alleged dying declaration to be
in deceased's handwriting-Evidence of handwriting expert not re/iableAppeal under Art. 136, Constitution of India-This court does not re.
apprise evidence except when there is some glaring infirn1iry in High Court's
ji1dgn1ent resulting in n1iscarriage of justice.
"'·
The first respondent and his mother were charged with i:he murder of
his wife on the allegation that they had forcibly administered sulphuric
acid poison to the deceased.
Immediately after finding his wife in a
serious condit:on the first respondent had sent for a doctor \Vho had
.advised him to take her to hospital and had also informed the police.
In the hospital, according to th~ prosecution, the deceased had recovered
consciousness 'for et while and had given a piece of writing P.W.l/A to
her mother charging the husband with poisoning her; she had also made
a similar oral statement to h~r mother and another woman. A handwriting
·expert gave his opiniori that the writing in document P.W. l/A \Vas similar
to the ;yJmitt~d \Vr!tings of the deceased.
At their trial the two accused
stated that the acid was not administered to the deceased but had been
swallowed by herself. The Additional Sessions Judges relying on P.W.l/A
held tho.~ the accused were guilty.
He did not rely on the oral dying
declaration of the deceased to her mother and
another
woman. The
High Court in appeal held that the dee.eased had r.ommitted suicide. It
found
inherent weaknesses
a:rxl
improbabilities in document P.W.1 /A.
Against the High Court's judgment acquitting the accused the mother of
the deceased appealed to this Court.
HELD : This Court in an appeal under Art. 136 of the Constitution
does not normally reappraise evidence unless it finds some gl2ffing infirmity
in the judgment of the High Court as might have resulted in miscarriage
of justice.
No such infirmity was pointed out in the present case.
On
the contrary the High Court had properly appraised the evidence and had
arrived at its conclusion in a. well~reasoned judgment.
Tue evidence of the medical expert showed that the quantity of acid
which caused the injuries on the internal organs of the deceased could not
have been forcihly administered.
The conduct Of the occused in calling
the doctor while the deceased V.'M alive was con;;istent with their innocence
rather than guilt.
While the accused had come out with the version of
suicide at a very early stage, the complainant had come out with the allegation of murder at a very late stage.
Not much value could be attached to the evidence df. t~e hand\\Titing
expert who proved P.W.l/A. Th.e evidence of a handwntmg expert, un·
like that of a fingerprint .expert ts generally of a frail character and its
fallibilities have been quite often noticed.
The courts shout~,. therefore,
be warv to give too much weight to the evidence of handwnhng expert.
[7120-E]
Sri .Sri Sri Kishore Chandra SinRh Dea v. Babu Ganesh Prasad Bhagat
& Ors., A.LR. 1954 S.C. 316, referred to.
c
D
E
F
G
H
A
BHAGWAN KAUR v. M. K. SHARMA (Kha1111a, !.)
703
The various circumstances of the case irresistibly pointed to the conclusion that the deceased committed suicide by taking sulphuric acid. The
appeal must consequently fail.
CR!MI~AL APPELLATE
JURISDICTION :
Criminal
Appeal
'."o. 235 of 1969.
H
Appeal by special leave from the judgment and order dated
January 31, J 969 of the Delhi High Court at New Delhi in Crin1inal Appeal No. 28 of 1968.
c
Bawa G11rcharan Singh and HarballS Singh, for the appellant.
f':lumdcli11 Ahmea and B. Dutta, for respondent No. I.
N111wldi11 ;l/m1etl and G. D. Gupta, for respondent No. ~
The hldgment of the Court was delivered by
•
KHANNA, J. Maharaj Krishan Sharma (34) and his mother
Shanti Devi (55) were convicted by the Additional Sessions Judge
o
Delhi under section 302 read with section 34 Indian Penal Code
on the allegation that they caused the death of Shanti Devi alias
Prem Lata (25), wife of Maharaj Krishan accused, by forcibly
pouring sulphuric acid in her mouth, and were sentenced to undergo imprisonment for life. On appeal the Delhi High Court acquitted the two accused by giving them the benefit of doubt.
The
·«
E
present appeal was thereafter filed by Bhagwan Kaur, mother of
F
H
Shanti Devi deceased, by >pccial leave. against the acquittal of the
two accused respondents.
The prosecution case is that Shanti Devi d.:ceased was
t11e
daughter of PW 5 Dayal Das, Sub Inspector CID of Delhi. The
deceased was married to Maharaj Krishan accused, who is
a
science teacher in a Delhi school, on February 20, 1963. The
accused, it is stated, did not feel happy with the dowry brought
by the deceased. The relations of the deceased with her husband
became strained and the deceased
complained of ill-treatment
by the two accused. On account of the strained relations
the
deceased on occasions would go to her father's house and stay
there for some time, but as it was she would again come back to
the house of the accused. A report was also once lodged with the
police by the deceased against the accused for ill-treatment. In
May 1964 Maharaj Krishan accused obtained a writing from the
deceased in which she stated that she wanted divorce.
Maharaj Krishan accused also ran a private college known as
N. C. College at his residence in C/96, New Rajinder Nagar.
New Delhi. On January 13, 1965 Hanuman Singh peon of that
IO-L499Sup.C.I./73
704
SUPREME c6URT llEPORTS
[1973] 2 s.c.R.
college purchased for the college from the shop of Lajp~t Rai
(PW JO) one quart of sulphuric acid with a concentrauon of
98. 9 per cent in a bottle.
Towards the end of June, Maharaj Krishan accused sent a
message through the deceased to his father-in-law that he ~ted
some money for going to the United Kingdom '.18 he had ~
an employment voucher from the United Kingdom.
MaharaJ
Krishan was, however, told by his mother-in-law Bhagwan Kaur
(PW 1) that his demand for money could not be met. On July 21,
1965, it is stated, Shanti Devi deceased sent a telephonic. message
to her mother Bhagwan Kaur from the house of the accused that
she was being beaten by her husband. Bhagwan Kaur then went to
the house of the accused. Dayal Das also reached there. Shanti
Devi then told her parents while weeping that she had been
beaten by her husband as he wanted money for going ·abroad.
Maharaj Krishan accused then admonished the deceased and
again !Jlllde a demand for money for going to the United Kingdom.
Muataj Krishan was, however, told by the parents of the deceased
that they could not pay him anything.
The present occurrence took place on July 23, 1965. On that
day near about noon time, according to the proseculiion
case,
Shanti Devi accused went to the house of Sushila Devi (PW 9).
B
c
D
The house of Sushila Devi is opposite to that of the accused. Shanti
Devi accused then asked Sushila Devi to accompaay her to the
E
house of the accused Sushila Devi went to that house after a few
minutes and found the deceased lying on a carpet in the room.
The deceased was crying and screaming at that time. Sushila Devi
felt burning sensation below her feet when she approached near
the deceased. She also felt burning sensation when she sat on· the
sofa. Shanti Devi accused then abused the deceased. Sushila Devi
I'
noticed froth coming out of the mouth of the deceased. The
deceased uttered twice the word "Radhaswami", which was the
name of her Guru and thereafter she became unconscious. Maharaj Krishan accused was also present in the house at (hat time
and was busy in making telephonic call to a doctor and asking him
to come immediately to see his wife.
G
Dr.Tilak Raj Chadha (PW 30), homoepathic physician, is the
old family doctor of the accused. According to this doctor, at
about 2 p.m. on that day he received a telephonic message from
Maharaj Krishan accused that there was a serious case and that
the doctor must reach his (Maharaj Krishan's) house at once. Dr.
Chadha was having his lunch and told Maharaj Krishan that he
would come after finishing the lunch. Maharaj Krishan, however,
requested Dr. Chadha not to finish the lunch but to come at once
! I
A
B
c
D
E
F
G
H
BHAGWAN KAUR \', M. K. SHARMA (Khanna, I.)
705
as the case was very serious. Dr. Chadha, who resides at a distance
of only a furlong from the house of the accused,
immediately
went to the house of the accused. Maharaj Krishan, who was
standing at the entrance of the house, ther. told Dr. Chadha that
the deceased had taken something and that Maharaj Krishan had
just come from the school. Dr: Chadha ,wen~ inside and saw that
the. deceased was lying on the carpet and some salive was coming out from her mouth. Acid was found on the carpet near the
head of the deceased. Dr. Chadha then told the accused to place
the deceased on a cot and remove her to the hospital as the case
was beyond his control. Dr. Chadha also informed the police
telephonically from the house of the accused that there was a
case of acid poisoning and police should reach at once. The
deceased was semi-conscious at that time and was crying.
Her
tongue was. charred and she could not speak. · A taxi was then
brought and the deceased was put in that taxi and taken to the
Willingdon Hospital. Head Constable Sita Ram (PW 29) arrived
at the house of the accused when the deceased was being taken
in. the taxi to the Willingdon Hospital. Head Constable Sita Ran1
also went in the taxi along with Dr. Chadha, Maharaj Krishan
accused and the deceased to the Willingdon Hospital.
On arrival in the hospital, Head Constable Sita Ram made an
aj)plication to the doctor for recording. the statement of the
deceased, but the doctor said that she was unfit to make a statement. ASI Hem Raj (PW 30), on coming t;o know of the telephonic message, first went to the house of the accused and, on
being told that the deceased had been removed to the Willingdon
Hospital, went there. The Assistant Sub Inspector met Maharaj
Krishan accused in the hospital and found him to be very much
upset.
At about 4.30 p.m. on that day Dayal Das (PW 5) received a
telephonic message from Rajinder Nagar police station that his
daughter had been admitteq in the Willingdon Hospital in a
serious condition. Dayal Das: accompanied by his wife Bhagwan
Kaur, then went to the hospital and found the deceased lying in
the Casualty Department with serious burns over her face and
chest. Maharaj Krishan accused was also present at that time outside the hospital. Keshava Nand, who is cousin of Bhagwan Kaur
and his wife Kamla (PW 2) also reached the hospital. At about 1 i.
p.m. on that night Shanti Devi deceased was removed
to
the
female ward. Bhagwan Kaur went with the deceased to the ward.
Kamla sat in the verandah of that ward.
"
At about mid-night hour, it is alleged, Shanti Devi deceased
regained consciousness and opened her· eyes. Bhagwan Kaur asked
the deceased as to what had happened, but the deceased could
;06
SUPREME COURT REPORTS
[1973] 2 s.c.R.
not speak and made a gesture indicating that she would like to
write something. Bhagwan Kaur then went to the doctor's room
and found nobody present there. Bhagwan Kaur picked up a piece
of paper which was lying on the floor of that room. She also
picked up a pen lying on the table. Bhagwan Kaur on return supported the deceased
by sitting by her side and the dece:ised
started writing on the paper. Bhagwan Kaur put a spit-pan upside
down under the paper with a view to support it. After writing
something the deceased shook the pen indicating that there was
no more ink in it. Bhagwan Kaur then brought another pen from
the table in the doctor's room and with that pen, the deceased
wrote something more. After the deceased had completed the writing, Bhagwan Kaur took the pen back to the doctor's room and
placed it on the table. The writing of the deceased is PW 1 /A
and is in Hindi. It was signed in Hindi by the deceased as Shanti
Devi. The deceased also appended her signature on it in English.
The writing was to the following effect :
"I am in senses now.
A quarrel took place at my
house yesterday and my husband asked me that he had
no connections with me and that I should go to my
parents. I did not go. Thereupon my (husband) cauglit
hold of my hand forcibly and my mother-in-law put
some drug in my mouth forcibly with her .hands, some
of which got into (my mouth) and some scattered ~t the
ground.
Written by:
Shani Shan11a
(Shan ti Sharma Maharaj)
Shanti Devi Shanna C/o. Maharaj Krishan Sharma.
A
(
(}
E
"(Husband Name)"
f
Bhagwan Kaur, according to the prosecution case, is ill.'l!rate
;1nd could ng_t.read what had been written by Shanti Devi deceased.
When Bhagwan Kaur insisted upon the d'ceased speaking something, the deceased told Bhagwan
Kaur that the two accused
.had put acid on her tongue. Bhagwan Kaur then_ started weeping
whereupon Kamla came ·inside. Kamla too was told by Shanti
G
Devi deceased that she had been forcibly given something in her
mouth and that >he had given a writing to her mother. Soon
thereafter Bhagwan Kaur became
unconscious
and regained
consciousness at 5 a.m.
The condition of Shanti Devi deceased deteriorated in the morni ug, a1id she died at about 10.45 a.m.
H
ASI Hem Raj first rrepared inque'1 reoort PW 51 J in the
presence of the.two accused. In the aforesaid inquest report, the
II
I>
F
G
II
BHAGWAN KAUR v. M. K. SHARMA (Khan1111, I.)
.107
Assistant Sub lnspector recorded the statements of the two accused.
Maharaj Krishan accused, in the course of his statement in the
inquest report, stated that there used to take place petty quarrels
between him and his wife, who had not given birth to any child,
but the matter used to be patched up. On July 23, .1965, according to Maharaj Krishan, he told the deceased at the tjme he was
taking meals about his proposed visit to England. Shanti Devi
accused was also present at that time. The deceased then tried to
dissuade Maharaj Krishan from going to England but he advised
her to complete her studies and pass B.A.B. T. examination during
the period he remained abroad. Shanti Devi accused then went
out. .Maharaj Krishan also went towards the kitchen to leave the
utensils there. Maharaj Krishan then heard cries of the deceased.
· Both he and his mother rushed to the spot where the deceased was
present. The deceased then pointed towards .a bottle containing
acid lying in the almirah and told the accused that she had taken
acid out of that. Maharaj Krishan also noticed some stains of acid
scattered in the room. Maharaj Krishan immediately rang up Dr.
Chadha. The doctor sent a report to the police station with the
consent of Maharaj Krishun. The deceased was then taken to
Willingdon Hospital. To similar effect was the statement of Shanti
Devi accused.
According to ASI Hem Raj, at about 2.45 p.m. Bhagwan
Kaur made a statement PW I /B to him. In the course of that
'tatement Bhagwan Kaur referred to the previous strained relations of the accused with the deceased. Bhagwan Kaur also made
reference to the writing of dying declaration PW 1 /A by the
deceased during the night as well as to the oral statement of the
deceased to Bhagwan Kaur. Bhagwan Kaur at the same time
handed over dying declaration PW 1/ A to ASI Hem Raj. The
Assistant Sub Inspector 'then prepared another inquest report PW
5/D in which he recorded th.: statements of Bhagwan Kaur and
Dayal Das. A case was registered on the basis of statement PW
l/B of Bhagwan Kaur at police station Rajinder Nagar at 3.25
p.m.
Post mortem examin~tion on the hody of Shanti Devi .deceased
was performed by Dr. R. L. Handa at 2.30 p.m. on July 25, 1965.
The doctor expressed the opinion that the death of the deceased
was due to corrosive poisoning probably by ·acid. He also expressed
the view that the acid of that much quantity could not be forced
into the stomach by somebody else. The case was thereafter
investigated by ASI Hem Raj (PW 33) and Inspector Jagdish
Kumar (PW 35). Writing PW l /A was sent to Dr. S. K. Sharma.
Government Examiner of Questioned Documents. Dr.
Sharma
708
SUPREME COURT REPORTS
[1973J 2 s.c.R.
expressed the opinion that there was similarity in writing PW 1 I A
and other documents containing .the admitted writing of Shanti
Devi deceased.
On February 17, 1966 the police submitted a report to the
magistrate that the case should be cancelled as the evidence indicated that the death. of the deceased
was the result of suicide.
Shri J agmohan magistrate then passed an order in accordance with
th.it report. On June I, 1966 Bhagwan Kaur filed a complaint
against the accused under section 302 read with section 34 Indian
l'enal Code on the above allegations.
At the trial the two accused, while not denying the strained
relations with the deceased, stated that the deceased had died
because she had herself swallowed sulphuric acid. According to
the accused, the sulphuric acid was not administered to her. No
evidence was produced in defence.
Lcan>.cd Additional Sessions Judge held that the death
of
Shanti Devi deceased was caused by the accused in the manner
slated by her in dying declaration PW!/ A. Evidence about the
oral dying declaration of Shanti Devi deceased io Bhagwan Kaur
and Karnla was not accepted.
On appeal the learned judges of the High Court referred to
the different cirrnmstances of the case and found that those cirl:Umstanccs pointed to the conclusion that the deceased had died
as a result of suicide. As regards !Jie dying declaration PW 1 /A,
the learned judges took the view that there were inherent weaknesses and improbabilities which fumished
intrinsic
evidence
i•gainst the acceptance of the dying declaration. Those weaknesses
were enumerated as under :-
.. (I) lt s1arts with the words "At this time I am in
senses."
It is rather unusual that a person in
that condition would extend that type of assurance or declaration which appears to be an effort
to leml ~ wlour of genuineness.
( 2) The details about her husband having asked her
to go to her parents also brings in an element
of doubt because nonnallv a person in
that
condition will avoid details.
(J) The letter contains the word "Lekha.k", which
means "the writer". The signatures in Hindi
are not complete as it is only signed as 'Shani
Sharma'. Against the Hindi signatures there is
bracket and then she is alleged to have signed
in English 'Shanti Shanna Maharaj'. Again at
A
B
c
D
E
~-
G
H
A
B
c
E
,
G
H
l
BHAUWAN KAUR v. M. K. SHARMA (Khanna, I.)
709
the back of the Jetter she has signed in English
as 'Shanti Devi Shanna C/ o Maharaj Krishan
Sharma (Husband Name). The last of the above
mentioned writing shows the meticulous care
with which the identity of the husband is sought
to be established. I find itdifficult to accept that
a patient in that agony would add the words
such as 'the writer', repeat her signatures in
English, and the word 'Maharaj' ,als0 which is
not found in any of her admitted letters such
as Exhibits PW 5/C. P.W. and P.W. 51F and
write what is written at the back of the paper.
(4) The writing in the letter is in a finn hand which
is inconsistent with the writing of a person in
Shanti Devi's condition.
(5) The incomplete signatures as 'Shani
Sruirma'
cast a doubt in my mind because a person who
could write so much would not have normally
made a mistake in putting down complete Hindi
signat;ures."
. ·
We have heard in this Court Mr. Churcharan Singh on behalf of the appellant and Mr. Nooridin on behalf of the respondents and are of the opinion that the present appeal is devoid of
any merit.
It is the common case of the parties and is proved by the
evidence of Dr. Handa that Shanti Devi deceased died due to
corrosive acid poisoning. Dr. Handa, who arrived at ~his conclusion, found at the time of post mortem examination that both the
lips of the deceased showed acid burns. Two streaks of acid, each
2'' long and one 1/3" br<iad, were found present on either side of
the chin. Small acid burns were present on the forehead, left
cheek and chest. On internal examination, the doctor found that
the inner aspect of the lips, the lining of the oral cavity and tongue
were corroded. The teeth were chalky whlte. F<>od pipe showed
corrosion of mucus. Stomach was charred black and corroded. It
had three perforations and the acid was found to hav\l gone to the
peritoneal cavity, leaving burns on the surface of the liver and
adjacent structures. Stomach wall was friable and was empty.
Duodenum was also partly corroded. Reaction of the bums was
strongly acidic. The quall'lity of acid poored into the mouth, in
the opinion of the doctor, might be between half an ounce to one
ounce.
According to the prosecution case, it were the accused who
forcibly poured acid into the mouth of the deceased. As against
710
SUPREME COURT REPORTS
(1973] 2 S.C.R.
that tho defence version was to tho effect that the deceased commit~ suicide by drinking acid. The High Court on appreciation
of tile evidence came to the conclusion that the various circwnstances of the case pointed to the inference that the death of the
deceased was the result of suicide. This Court in an appeal under
article 136 of the Constitution does not no!11lally reappraise
evidence unless it finds some glaring infirmity in the judgment of
the High Court as might have resulted in miscarriage of justice. No
such infirmity has been brought to our notice. On the contrary,
we find that the High Court has properly appraised the evidence
and has arrived at its conclusion in a well-reasoned judgment
N:> eye \"itness of the occurrence has been produced by the
prosecntion because, according to it, no one else was present at
the time the acid was forcibly poured into the mouth of the
deceased. To bring the charge home to the accused, the prosecution has however, relied upon the dying declaration PW 1/ A
alleged to have been written by the deceased at about mid-night
hour in the female ward of Willingdon Hospital after the deceased
had regained consciousness. The prosecution has further relied
upon the oral dying declaration said to have been made by the
deceased at first to her mother Bhagwan Kaur PW and thereafter
to Kamla PW in the female ward of the hospital during the night.
The evidence about the oral dying declaration was rejected by
both the trial court as well as the High Court. Regarding the
·written dying declaration, the trial court accepted the prosecution
'!-Vidence, but the High Court found the same to be full of infirmities and im probabiliiies, which have already been enumerated
earlier. Nothing cogent has been brought to our notice to take a
view different from the High Court.
Apart from the infinnities and improbabilities pointed out by
the High Court, we find that· the salient features of the evidence
all point to the conclusion that the death of the deceased was the.
result of suicide and was not homicidal. We may now refer to thos~
features .
. According to· Dr. Handa, who perfonned post mortem exami·
nation on the boe J of the deceased, the quantity. of acid which
was found in the stomach of the deceased was so much that it
could not be p0ured by someone else. The doctor added thatth..:
cases of homicidn~ a~ministrati?n of sulphuric acid by force were
~ery. rare. If the ~1ct1m, accordmg to Dr. Randa, is overpowered
forcibly and a third person pours acid mechanically by pulling
the tongue out, the acid can reach the stomach but not to the
e::tent so as to reach the stomach and beyond, as was the cas.o
with the deceased. The acid poured into the mouth of the deceased
A
ll
c
D
r' ·'
)
F
G
II
f
A
H
c
D
E
F
G
H
BHAGWAN KAUR v. M. K. SHARMA (Khanna, I.) .
7 11
Was not less than half an ounce. The doctpr also did not find any
marks of injuries on the body of the deceased other than the
bums. If the deceased had been held forcibly by one of the accused
and the other accused had poured acid into her mouth, the
dece.ased, in. our opinion, must have offered some resistance. In
such an event, some injuries in the nature of abrasions or scratches
must have been found on the body of the deceased. The evidence
of Dr. Handa shows that no such injuries were found on the body.
The material on the record also indicates tha~ ·no such injuries
were found on the person of the accused. The medical evidence
thus belies the prosecution version of the occurrence.
The opinion of Dr. Handa that it was a case of suicide and not
homicide is in consonance with the views expressed in standard
books on medical jurisprudence. In Taylor's Principles and Practice of Medical Jurisprudence, Twelfth Edition, at page 235 it is
said that sulphuric acid is used for suicidal purposes and accidents
occur· as a result of it having been mistaken for some other
liquid. Accor<ling to Modi's Medical Jurisprudence and Toncology, Fifteenth Edition, page 481, acid may be taken for suicidal
purposes. It is further stated :
"Owing to its acid taste and physical changes brought
purooses. unless the victim happens to be a child or an
about in the food it is not possible to use it for homicidal
adult who is drunk or helpless."
A~cording to observatio~s on page 709 of ~onz~~es Lega! Me?icine Pathology and Toxicology, Second Edition, Sulphunc acid,
due to its severe corrosive action, has rarely been given by mouth
for homicidal purposes except to children. It is sometimes thrown
on a person to disfigure the face, and it may cause death from the
severe burns inflicted on the skin. Most of the cases are• suicidal,
due to the ingestion of the acid. Some cases are accidental, the
acid having been ingested in mistake for a medicine, or mixed
with food, or poured into the ear, or injected into the ractum by
error instead of a therapeutic drug, or injected into the vagina fo1·
the purpose of causing abortion."
The conduct of the accused immediately after the occurrence
is consistent with the hypothesis of their innocence rather than with
that of L'Jeir guilt. It is inconceivable that Shanti Devi accused
would have called her neighbour Sushila Devi PW IQ her house if
Shanti Devi accused along with the other accused shortly before
that had forcibly poured acid into the mouth of !he deceased. If
is also most unFkely that Maharaj Krishan accuSed would have
made frantic telephonic calls to Dr. Chadha to immediately rusl1
to his house if Maharaj Krishan along with his mother had poured
712
SUP!lBME COURT llBPOllTS
[1973] 2 S.C.Jl,
.
'"
acid into the mouth of the deceased. It 1s
filrther
extremely
improbable in that event that Maharaj Krishan would have allowed
Dr. Chadha to use Maharaj Krishan's telephone to call the police.
Maharaj Krishan would also in that event have not taken the
deceased to the hospital. On the contrary, Maharaj Krishan would
have, ·if he. and his mother had been the real culprits, waited for
the time till the deceased died rather than taken the risk of the
deceased regaining consciousness in the hospital and making a
dying declaration regarding their complicity .
B
. So far as the dying declaration PW 1/ A is ·concerned, we are
of the opinion that the evidence about the writing of that docu ·
ment by the deceased is of a most unconvinc;:ing
character.
C
The High Court has referred to a number of circumstances which
militate against the acceptance of the evidence regarding the
aforesaid dying declaration, and we find no cogent ground to take
a different. view. It is no doubt true that the prosecution led
evidence of handwriting expert to sh.:iw the similarity of handwrit·
ing between PW 1/ A and other admitted writings of the deceased,
D
but in this respect, we are of the opinion that in view of the main
essential features of the case, not much value can be attached to
the expert evidence. The evidence of a handwriting expert, unlike
that of a fingerprint expert, is generally of a frail character and its
fallibilities have been quite often noticed. The courts should, therefore, ~ wary to give too much weight to the evidence oi handwritE
ing expert. In Sri Sri Kishore Chandra Singh Deo v. Babu Ganesh
Prasad Bhagat & Ors. (1). this Court observed that conclusions based upon mere comparison of handwriting must at best be indecisive
· and yield to the positive evidence in the case.
According to Bhagwan Kaur, Shanti Devi deceased wrote the
dying declaration soon after mid-night hour. Question then arises a!f
F
to why Bhagwan Kaur did not immediately go out of the female
ward and tell her husband Dayal Das that the deceased had been
forcibly administered sulphuric acid by the accused. Bhagwan Ka.ur
has tried to explain this omission by saying that she was illiterate
and did not know about the contents of writing PW 1/ A Bhagwan
](aur, however, admits that, soon after the deceased had written
G
dying declaration PW 1/ A, the deceased told Bhagwan Kaur that
th~ two accused had forcibly poured sulphuric acid into her mouth.
It cannot, therefore, be said that Bhagwan Kaur remained unaware after 1 or 2 a.m. on the night between July 23 and 24
that it were the accused who had poured acid into the mouth of
the deceased. The inunediate reaction of Bhagwan Kaur. if the
H
prosecution story were correct, would have been to go out and
(I) A. L R. 1'54 S. C. 316.
A
B
c
D
E
F
BHAGWAN KAUR v. M. K. SHARMA (Khanna, I.)
713
apprise her husband, who is a police Sub Inspector, so that the.latter·
might inform the police regarding the complicity of the two accused.
Bhagwan Kaur has tried to explain this omission by stating that she
became unconscious. There is, however, no explanation as to why
Kam la, who too professes to have been told by the \leceased regarding the forcible administering of acid to the deceased, kept quiet
and did not convey that information to Dayal Das. It is further
admitted by Bhagwai1 Kaur that she regained her consciousness at
5 a.m. If Bhagwan Kaur had been handed over a dying declaration
by the deceased and had also been told by the deceased regarding
the .forcible administering of acid to her by the accused, Bhagwan
Kaur in that event could not have failed to convey that information
to Dayal Das soon after regaining consciousness. Dayal Das in that
event would .have immediately reported the matter to the police.
The fact that no such intimation was given to the police till 2.45
p.m., as deposed by ASI Hem Raj, creates considerable doubt
regarding the authenticity of dying declaration PW I/ A as well
as about .the testimony of Bhagwan Kaur and Kamla regarding
the oral dying declaration of Shanti Devi deceased.
Another significant circumstance which emerges from
the
evidence on record is that Maharaj Krishan came out with the
version of suicide at the earliest stage. According to Dr. Chadha,
he was told by Maharaj Krishan immediately on arrival of Dr.
Chadha that the deceased had taken something. Maharaj Krishan
and his mother also gave account of suicide by the deceased in
their statements recorded in the inquest report PW 5/J. As against
that, the evidence of ASI Hem Raj shows that Bhagwan Kaur came·
out with the story of dying declaration at a subsequent stage.
In our opinion, the various circumstances of the care irresistibly
poi~t to the c?nclu~jon that the deceased committed suicide by
ta~mg sulphunc acid. The appeal consequently fails and is dismissed.
G.C.
Appeal dismissed.