Case Note & Summary
The appellant, Eknath s/o Bhagwan Hatkar, was convicted by the Additional Sessions Judge, Jalgaon for the murder of his wife Anita under Section 302 IPC and for cruelty under Section 498-A IPC. The marriage had taken place 10-12 years prior. The accused suspected his wife's chastity and did not allow her to go for labour work, but due to poor financial condition, she continued working. On 13-8-2007, Anita went to the field for work despite her husband's objection. That night, while she was semi-asleep, the accused poured kerosene on her from a can and set her on fire. She came out shouting, and neighbours and in-laws extinguished the fire. She was taken to the hospital, where her statement was recorded by a police officer (PSI Jilha Peth) and treated as an FIR. Initially, offences under Sections 307 and 498-A IPC were registered. Anita died during treatment, and Section 302 IPC was added. The trial court convicted the appellant based on the dying declaration and other evidence. The High Court, in appeal, examined the credibility of the dying declaration. The court noted that the dying declaration was recorded when the victim was conscious, and it was corroborated by the medical evidence (burns consistent with pouring of kerosene) and the seizure of a plastic can, matchbox, and burnt clothes from the spot. The court also considered the motive of suspicion and demand of Rs.50,000/-. The court found no reason to disbelieve the dying declaration and held that the prosecution proved its case beyond reasonable doubt. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Murder by Burning - Dying Declaration - Section 302, 498-A IPC, Section 32 Indian Evidence Act, 1872 - The appellant-husband was convicted for pouring kerosene on his wife and setting her on fire, causing her death. The dying declaration recorded by a police officer when the victim was conscious was found credible and corroborated by medical evidence and other circumstances. The court held that the dying declaration is trustworthy and sufficient to sustain conviction for murder and cruelty. (Paras 1-10) B) Criminal Law - Cruelty by Husband - Section 498-A IPC - The appellant subjected his wife to cruelty by suspecting her chastity and preventing her from working. The evidence of the deceased's mother and the dying declaration established the cruelty. The court upheld the conviction under Section 498-A IPC. (Paras 2-10)
Issue of Consideration
Whether the dying declaration of the deceased is reliable and sufficient to convict the appellant for murder under Section 302 IPC and cruelty under Section 498-A IPC.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Additional Sessions Judge, Jalgaon in Sessions Case No. 199 of 2007 are confirmed.
Law Points
- Dying declaration can be sole basis of conviction if found credible
- Section 32 of Indian Evidence Act
- 1872
- Conviction under Section 302 IPC for murder by burning
- Conviction under Section 498-A IPC for cruelty by husband
- Motive of suspicion of chastity and demand of money
