Case Note & Summary
The appellant, Suresh Babu Giri, was convicted by the Additional Sessions Judge, Aurangabad, for the murder of his wife Bebibai under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The prosecution case was that on 18 September 2012, around 10:30 to 11:00 p.m., the appellant, after consuming liquor, quarreled with his wife over the marriage of their daughter. He poured kerosene on her and set her on fire with a matchstick. The deceased was taken to the hospital where she succumbed to her injuries. The appellant appealed against the conviction. The main legal issue was whether the dying declarations made by the deceased were reliable and sufficient to convict the appellant. The court analyzed the dying declarations recorded by the Executive Magistrate and the police, and found them consistent and credible. The court also considered the testimony of the deceased's son and daughter, who were eyewitnesses, and the medical evidence. The court held that the dying declarations were voluntary, truthful, and corroborated by other evidence. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 IPC, Section 32 Indian Evidence Act, 1872 - Conviction based on dying declaration - The appellant was convicted for murdering his wife by pouring kerosene and setting her on fire. The court examined the reliability of multiple dying declarations and found them consistent and trustworthy. Held that the dying declarations, corroborated by medical evidence and oral testimony, were sufficient to uphold the conviction (Paras 1-20).
Issue of Consideration
Whether the dying declarations of the deceased are reliable and sufficient to sustain the conviction of the appellant under Section 302 of the Indian Penal Code.
Final Decision
Appeal dismissed. Conviction and sentence under Section 302 IPC upheld.
Law Points
- Dying declaration
- Section 32 Indian Evidence Act
- 1872
- reliability of dying declaration
- conviction based on dying declaration
- Section 302 IPC
- murder by burning
- circumstantial evidence
