Case Note & Summary
The appellant, Sheikh Wajid Sheikh Sarvar, was convicted by the trial court for the offence punishable under Section 304 Part-II of the Indian Penal Code, 1860 (IPC) for causing the death of Yogiraj by throwing a plastic bottle containing petrol into a coal fire. The incident occurred on 15.12.2017 when the informant, Meghraj (P.W.2), had filled petrol in his motorcycle and also brought petrol in a plastic bottle, which he kept on the counter of his grocery shop. The deceased, Yogiraj, was warming himself at a coal fire in front of the shop. The accused arrived and demanded the bottle containing petrol from the deceased, who refused. The accused then threw the plastic bottle into the coal fire, causing an ablaze in which Yogiraj caught fire and sustained severe burn injuries. He was shifted to hospital, where his dying declaration was recorded by Dr. Paliwal. Yogiraj succumbed to his injuries on 27.12.2017. The police initially registered an offence under Section 307 IPC, later adding Section 302 IPC after the death. The trial court framed charge under Section 302 IPC but convicted the accused under Section 304 Part-II IPC, sentencing him to rigorous imprisonment for 5 years and a fine of Rs.10,000/-. The High Court, on appeal, examined the evidence including the dying declaration and the testimony of the informant. The court noted that the act of throwing a petrol bottle into a fire was done with the knowledge that it was likely to cause death but without any intention to cause death, thus falling under Section 304 Part-II IPC. The court upheld the conviction but reduced the sentence to the period already undergone (about 2 years 10 months) considering the nature of the act and the young age of the accused. The appeal was partly allowed.
Headnote
A) Criminal Law - Culpable Homicide not amounting to Murder - Section 304 Part-II Indian Penal Code, 1860 - The accused threw a plastic bottle containing petrol into a coal fire where the deceased was seated, causing severe burn injuries leading to death. The court held that the act was done with the knowledge that it was likely to cause death but without any intention to cause death, thus falling under Section 304 Part-II IPC. (Paras 2-10) B) Evidence - Dying Declaration - Reliability - The dying declaration of the deceased recorded by a doctor was found to be reliable and consistent with the oral testimony of the informant. The court held that the dying declaration can be the sole basis for conviction if it inspires confidence. (Paras 6-8) C) Criminal Law - Sentencing - Section 304 Part-II IPC - The trial court sentenced the accused to rigorous imprisonment for 5 years and fine of Rs.10,000/-. The High Court upheld the conviction but reduced the sentence to the period already undergone (about 2 years 10 months) considering the nature of the act and the accused's young age. (Paras 10-11)
Issue of Consideration
Whether the appellant's act of throwing a plastic bottle containing petrol into a coal fire, resulting in the death of the deceased, amounts to murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 Part-II IPC.
Final Decision
The High Court partly allowed the appeal, upholding the conviction under Section 304 Part-II IPC but reducing the sentence to the period already undergone (about 2 years 10 months).
Law Points
- Culpable homicide not amounting to murder
- Section 304 Part-II IPC
- knowledge of likely death
- absence of intention to cause death
- dying declaration
- circumstantial evidence
