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 (IPC) and sentenced to rigorous imprisonment for 5 years and a fine of Rs.10,000/-. The appellant challenged this conviction in the Bombay High Court. The prosecution case was that on 15.12.2017, the informant Meghraj (PW2) had filled petrol in his motorcycle and also brought petrol in a plastic bottle, which he kept on the counter of his grocery shop. His father, Yogiraj (deceased), was warming himself at a coal fire in front of the shop. The accused arrived and demanded the petrol bottle from Yogiraj, who refused. The accused then threw the plastic bottle containing petrol into the coal fire, causing an ablaze in which Yogiraj caught fire. Yogiraj sustained severe burn injuries and was shifted to hospital, where his dying declaration was recorded. He succumbed to his injuries on 27.12.2017. The police initially registered an offence under Section 307 IPC, but after death, added Section 302 IPC. The trial court framed charge under Section 302 IPC but convicted the appellant under Section 304 Part-II IPC. The High Court examined the evidence, including the dying declaration (Exh. 28) recorded by Dr. Paliwal (PW4), which was found to be voluntary and reliable. The court noted that the deceased had stated that the accused threw the petrol bottle into the fire, and this was corroborated by the FIR (Exh. 23) lodged by the informant. The court held that the act of throwing petrol into a coal fire was done with the knowledge that it was likely to cause death, but there was no intention to cause death, thus the offence fell under Section 304 Part-II IPC. The court also considered the appellant's statement under Section 313 CrPC but found no substance in his defence. The High Court upheld the conviction and sentence, dismissing the appeal.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part-II Indian Penal Code, 1860 - Accused threw a plastic bottle containing petrol into a coal fire, causing the deceased to catch fire and die - 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 Part II of Section 304 IPC - The conviction was upheld (Paras 2-10). B) Evidence Law - Dying Declaration - Section 32(1) Indian Evidence Act, 1872 - The dying declaration of the deceased recorded by the doctor was found to be voluntary, truthful, and reliable - The court relied on it as the sole basis for conviction, noting that the deceased was in a fit state of mind and the declaration was consistent with the FIR (Paras 6-8). C) Criminal Procedure - Examination of Accused - Section 313 Code of Criminal Procedure, 1973 - The accused's statement under Section 313 CrPC was considered, but the court found no material to disbelieve the prosecution case - The accused's defence of false implication was rejected (Para 9).
Issue of Consideration
Whether the conviction of the appellant under Section 304 Part-II of the Indian Penal Code is sustainable on the basis of the evidence on record, particularly the dying declaration and the circumstances of the case.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence imposed by the trial court.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part-II IPC
- Knowledge of likely death
- Dying declaration
- Section 32(1) Evidence Act
- Section 313 CrPC
- Section 302 IPC
- Section 307 IPC
