“The mere fact that it was contrary to the first declaration would not make it untrue,” the Bench observed in a judgment, while upholding the sentence imposed by a sessions court and affirmed by the Punjab and Haryana High Court.

According to the prosecution, after being married for seven months, the victim was set ablaze by her husband Sher Singh and in-laws Attar Singh and Kailash Kaur. In the first dying declaration made to a police head constable, the deceased had claimed that she suffered the burns while preparing tea on a kerosene stove. However, in a subsequent declaration made to the executive magistrate, an ASI and other relatives, Jaspal testified that she was set ablaze by her husband and in-laws, who were pestering her to bring an additional Rs 10,000 from her parents.

Jaspal also clarified that the initial statement made by her to head constable Hakim Singh was under duress as she was threatened by the accused that they would not shift her to hospital if she made any statement against them. The apex court which perused the various evidence, said barring the initial statement made to the constable, the rest of the statements made by Jaspal to the executive magistrate and ASI were consistent.