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PETITIONER: BHAGWAN KAUR

       Vs.

RESPONDENT: MAHARAJ KRISHAN SHARMA & ORS.

DATE OF JUDGMENT25/10/1972

BENCH: KHANNA, HANS RAJ BENCH: KHANNA, HANS RAJ CHANDRACHUD, Y.V.

CITATION:  1973 AIR 1346            1973 SCR  (2) 702  1973 SCC  (4)  46  CITATOR INFO :  R          1992 SC2100  (30)

ACT: Criminal  trial--Appraisal  of evidence in case  of  alleged murder    by    sulphuric   acid    poisonning--Murder    or suicide--Conduct  of accused--Opinion of handwriting  expert providing  alleged  dying declaration to  be  in  deceased’s handwriting--Evidence  of handwriting expert not  reliable-- Appeal  under  Art. 136, Constitution of  India--This  court does  not  reappraise  evidence except when  there  is  some glaring  infirmity  in High Court’s  judgment  resulting  in miscarriage of justice.

HEADNOTE: The  first respondent and his mother were charged  with  the 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  condition the  first respondent had sent for a doctor who had  advised him  to  take  her to hospital and  had  also  informed  the police.  in the hospital, according to the prosecution,  the deceased  bad  recovered consciousness for a while  and  had given a piece of writing P.W.1/A to her mother charging  the husband with poisoning her; she had also made a similar oral statement  to her mother and another woman.   A  handwriting expert  gave his opinion that the writing in  document  P.W. 1/A  was similar to the admitted writings 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.1/A held  that 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 deceased   had   committed  suicide.   It   found   inherent weaknesses and 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  glaring 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

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contrary the High Court had properly appraised the  evidence and  had  arrived  at its  conclusion  in  at  well-reasoned judgment. The 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 forcibly administered.  The conduct  of  the  accused in calling the  doctor  while  the deceased  was  alive  was consistent  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  of  the handwriting  expert  who proved P.W.1/A. 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,  be wary to give too much weight to the evidence of  handwriting expert. [712D-E] Sri Sri Sri Kishore Chandra Singh Deo v. Babu Ganesh  Prasad Bhagat Ors., A.I.R. 1954 S.C., 316, referred to. 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.

JUDGMENT: CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 235 of 1969. Appeal  by special leave from the judgment and  order  dated January  31,  1969 of the Delhi High Court at New  Delhi  in Criminal Appeal No. 28 of 1968. Bawa Gurcharan Singh and Harbans Singh, for the appellant. Nuruddin Ahmed and B. Dutta, for respondent No. 1. Nuruddin Ahmed and G. D. Gupta, for respondent No. 2. The Judgment 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 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 present appeal  was  thereafter filed  by Bhagwan Kaur, mother of Shanti Devi  deceased,  by special  leave  against  the acquittal of  the  two  accused respondents. The  prosecution case is that Shanti Devi deceased  was  the daughter of PW 5 Dayal Das, Sub Inspector CID of Delhi.  The deceased  was married to Maliaraj 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.

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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 10-L499Sup.C.I./73 704 college  purchased for the college from the shop  of  Lajpat Rai (PW 10) one quart of sulphuric acid with a concentration 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 wanted some money for going to the United Kingdom as he  had obtained  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  made a demand for money for going to the United Kingdom.  Mararaj 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 prosecution case, Shanti  Devi accused went to the house of Sushila  Devi  (PW 9),  The house of Sushilla Devi is opposite to that  of  the accused.   Shanti  Devi accused then asked Sushila  Devi  to accompany  her  to the 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 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 that time and was busy in  making  telephonic call  to a doctor and asking him to come immediately to  see his wife. Dr.Tilak  Rai 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 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, then told  Dr. Chadha that the deceased had taken  something  and that  Maharaj  Krishan had just come from the  school.   Dr. Chadha  went 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

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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 semiconscious 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  Rain 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 application 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 to 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 admitted 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 1 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 706 not  speak and made a gesture indicating that she would  Eke 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 deceased 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) caught 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 (may mouth) and some  scattered

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             at the ground.                             Written by:                             Shani Sharma                          (Shanti Sharma Maharaj)               Shanti Devi Sharma C/o.  Maharaj Krishan Sharma.                              "(Husband Name)" Bhagwan   Kaur,  according  to  the  prosecution  case,   is illiterate  and  could  not read what had  been  written  by Shanti  Devi deceased. when Bhagwan Kaur insisted  upon  the deceased 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 Devi deceased that she had been forcibly given something in her mouth and that she 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 morning, and she died at about 10.45 a.m. AST  Hem  Rai first prepared inquest report PW  5/J  in  the presence  of  the  two accused.  In  the  aforesaid  inquest report, the 707 Assistant  Sub Inspector 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 time 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 Krishan.  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 1/B to him.  In the  course  of  that statement  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 /A to AST Hem Raj.   The  Assistant Sub Inspector  then  prepared  another inquest report PW 5/D in which he recorded the statements of Bhagwan  Kaur and Dayal Das.  A case was registered  on  the basis of statement PW 1/B of Bhagwan Kaur at police  station Rajinder Nagar at 3.25 p.m Post mortem examination on the body 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

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else.   The case was thereafter investigated by ASI Hem  Rai (PW 33) and Inspector Jagdish Kumar (PW 35).  Writin PW  1/A was  sent  to  Dr.  S. K.  Sharma,  Government  Examiner  of Questioned Documents.  Dr. Sharma 708 expressed  the opinion that there was similarity in  writing PW  1/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"Jagmohan magistrate  then  passed an,, order in accordance with that report.  On June 1,  1966 Bhagwan  Kaur  filed a complaint against the  accused  under section  302 read with section 34 Indian Penal 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  sulfuric  acid. According  to  the  accused,  the  sulfuric  acid  was   not administered to her.  No evidence was produced in defence. Learned  Additional  Sessions Judge held that the  death  of Shanti Devi deceased was caused by the accused in the manner started  by her in dying declaration PWI/A.  Evidence  about the  oral  dying  declaration of  Shanti  Devi  deceased  to Bhagwan Kaur and Kamla was not accepted. On  appeal the learned judges of the High Court referred  to the different circumstances of the case and found that those circumstances  pointed to, the conclusion that the  deceased had  died  as  a result of suicide.  As  regards  the  dying declaration  PW 1//A, the learned judges took the view  that there  were  inherent weaknesses and  improbabilities  which furnished  intrinsic evidence against the acceptance of  the dying  declaration.   Those weaknesses  were  enumerated  as under:-               "(1) It starts 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  lend  a   colour   of               genuineness.               (2)   The  details  about her  husband  having               asked her to go to her parents also brings  in               an element of doubt because normally a  person               in that condition will avoid details.               (3)   The  letter contains the word  "Lekhak",               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   Sharma               Maharaj’.  Again at               709               the  back  of  the letter she  has  signed  in               English  as  ’Shanti Devi Sharma  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               it difficult 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’ also which is not found  in               any  of her admitted letters such as  Exhibits               PW  51C.  P.W. and P.W. 5/F and write what  is

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             written at the back of the paper.               (4)   The  writing in the letter is in a  firm               hand which is inconsistent with the writing of               a person in Shanti Devi’s condition.               (5)   The  incomplete  signatures  as   ’Shani               Sharma’  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 signatures." We  have heard in this Court Mr. Churcharan Singh on  behalf of  the appellant and Mr. Nooridin on behalf of the  respon- dents  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  this 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" broad, 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 while.  Food  pipe  showed corrosion of mucus.  Stomach was charred black and corroded. It  had  three perforations and the acid was found  to  have gone  to the peritoneal cavity, leaving bums 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 quantity  of acid  poured 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  a  who forcibly  poured  acid into the mouth of the  deceased.   As against 710 that,  the  defence  version  was to  the  effect  that  the deceased committed suicide by drinking acid.  The High Court on appreciation of the evidence came to the conclusion  that the  various  circumstances  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 normally 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. No  eye witness of the occurrence has been produced  by  the prosecution  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 evidence, but  the

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High  Court  found the same to be full  of  infirmities  and improbabilities, 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 infirmities 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 those features. According  to  Dr. Handa, who performed post  mortem  exami- nation  on  the body of the deceased, the quantity  of  acid which  was found in the stomach of the deceased was so  much that  it  could not be poured by someone else.   The  doctor added  that,  the  cases  of  homicidal  administration   of sulfuric  acid  by  force were very rare.   If  the  victim, according to Dr. Handa, 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 extent so  as to  reach the stomach and beyond, as was the case  with  the deceased.  The acid poured into the mouth of the deceased 711 was  not less than half an ounce.  The doctor also  did  not find any marks of injuries on the body of the deceased other than  the burns.  If the deceased had been hold forcibly  by one  of  the accused and the other accused had  poured  acid into  her’  mouth, the deceased, 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 that 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  "pressed  in standard  books  on  medical  jurisprudence.   In   Taylor’s Principles  and Practice of Medical  Jurisprudence,  Twelfth Edition,  at page 235 it is said that sulfuric acid is  used for suicidal purposes and accidents occur as a result of  it having  been mistaken for some other liquid.   According  to Modi’s  Medical  Jurisprudence  and  Toxicology,   Fifteenth Edition, page 481, acid may be taken for suicidal  purposes. It is, further stated :               "Owing to its acid taste and physical  changes               brought purposes, 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." According  to observations on page 709 of 1  Gonzales  Legal Medicine Pathology and Toxicology, Second Edition, "Sulfuric 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 bums inflicted on the skin.  Most of the cases are suicidal, due to the  ingestion of  the acid.  Some cases are accidental, tile  acid  having been ingested in mistake for a medicine, or mixed with food, or poured into the car, or injected into the ractum by error instead  of a therapeutic drug, or injected into the  vagina for 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 their guilt.  It is  inconceivable  that Shanti Devi accused would have called her neighbour  Sushila Devi  PW to her house if Shanti Devi accused along with  the

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other  accused shortly before that had forcibly poured  acid into  the mouth of the deceased.  It is also  most  unlikely that  Maharaj  Krishan  accused  would  have  made   frantic telephonic  calls to Dr. Chadha to immediately rush  to  his house if Maharaj Krishan along with his mother had poured 712 acid  into  the  mouth  of  the  deceased.   It  is  further extremely  improbable  in that event  that  Maharaj  Krishan would  have  allowed  Dr. Chadha  to  use  Maharaj  Krishans 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. So far as the dying declaration PW 1/A is concerned, we  are of  the opinion that the evidence about the writing of  that document   by  the  deceased  is  of  a  most   unconvincing character.   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 show the similarity of handwriting between PW  I/A and  other  admitted writings of the deceased, but  in  this respect, we are of the opinion that in view of the 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, be wary to give  too much  weight to the evidence of handwriting 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 as 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  Kaur  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  Kaur, however,  admits that, soon after the deceased  had  written dying  declaration PW 1 /A, the deceased told  Bhagwan  Kaur that the 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  immediate  reaction  of Bhagwan  Kaur, if the prosecution story were correct,  would have been to go out and (1)  A. I. R. 1954 S. C. 316. 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 Kamla, who too  professes to  have  been told by the deceased 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 Bhagwan Kaur that she regained her consciousness

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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 1/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,  lie  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/f.  As against that, the evidence of ASI Hem Rai shows  that  Bhagwan Kaur came out with the story  of  dying declaration at a subsequent stage. In  our  opinion,  the various  circumstances  of  the  case irresistibly  point  to  the conclusion  that  the  deceased committed  suicide  by taking sulphuric  acid.   The  appeal consequently fails and is dismissed. G.C.                             Appeal dismissed. 714