Case Note & Summary
The appellant, Shivpujan Harishankar Yadav, was convicted by the trial court for the murder of his wife under Section 302 of the Indian Penal Code, 1860, and sentenced to life imprisonment. The prosecution case was that on 30 December 2011, the appellant killed his wife by setting her on fire at their residence. The incident came to light when a neighbour, Amarjeetsing Aluwaliya (PW-3), informed police Naik Avinash Badade (PW-9) about the killing. The police visited the spot, took the appellant into custody, and found him with bleeding injuries. The deceased was taken to Sassoon General Hospital, where she succumbed to her injuries. The prosecution relied on the dying declaration of the deceased recorded by a Special Executive Magistrate, wherein she stated that her husband had poured kerosene on her and set her ablaze. Additionally, the prosecution presented circumstantial evidence including motive (the appellant suspected his wife of infidelity), last seen evidence (the couple was seen together in the house shortly before the incident), and the appellant's conduct (he sustained burn injuries and was present at the spot). The trial court convicted the appellant. The appellant appealed, challenging the credibility of the dying declaration and the sufficiency of circumstantial evidence. The High Court examined the evidence and found that the dying declaration was voluntary, consistent, and corroborated by medical evidence. The court also held that the chain of circumstantial evidence was complete and pointed unequivocally to the appellant's guilt. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Dying Declaration - Section 302 IPC, Section 32 Indian Evidence Act, 1872 - Appeal against conviction for murder of wife - Conviction based on dying declaration and circumstantial evidence including motive and last seen - Dying declaration found voluntary, credible, and corroborated by medical evidence - Circumstantial evidence formed complete chain pointing to guilt - Appeal dismissed - Held that conviction is sustainable (Paras 1-30).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860, based on circumstantial evidence and a dying declaration, is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 of the Indian Penal Code, 1860, are confirmed.
Law Points
- Circumstantial evidence
- Dying declaration
- Section 32 of Indian Evidence Act
- 1872
- Section 302 of Indian Penal Code
- 1860
- Credibility of witnesses
- Motive
- Last seen theory
