Case Note & Summary
The appellant, Mohammed Kasam Ramjani Shaikh, was convicted under Section 302 of the Indian Penal Code (IPC) for the murder of his wife, Shabinabanu, and sentenced to life imprisonment with a fine of Rs. 2000. The incident occurred on July 12, 2001, when the deceased asked the appellant for money to buy medicine. An argument ensued, and the appellant poured kerosene on her and set her on fire using a matchstick. She sustained 77% burn injuries and died the next day. The prosecution relied on the dying declaration recorded by PW 1 (Special Executive Officer) and the FIR recorded by PW 4 (PSI), both of which stated that the appellant had committed the act. The trial court convicted the appellant, and he appealed. The High Court examined the evidence, noting that the dying declaration was consistent and credible, and that the appellant was present at the scene. The court dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 IPC - The court considered the reliability of the dying declaration recorded by a Special Executive Officer and the FIR recorded by a PSI, both implicating the husband for pouring kerosene and setting the wife on fire. The court held that the dying declaration was credible and corroborated by the FIR, and thus the conviction was upheld. (Paras 1-6)
Issue of Consideration
Whether the dying declaration recorded by PW 1 and the complaint recorded by PW 4 are reliable and sufficient to sustain the conviction of the appellant under Section 302 IPC.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the trial court are upheld.
Law Points
- Dying declaration
- Section 302 IPC
- Section 307 IPC
- Section 374(2) CrPC
- Section 313 CrPC
- Homicidal death
- Burn injuries
- Credibility of dying declaration
- Corroboration
Case Details
2011 LawText (BOM) (04) 64
Criminal Appeal No. 1170 of 2003
B. H. Marlapalle, A. M. Thipsay
Mr. Vijay Desai for appellant, Mrs. A.S. Pai, APP for State
Mohammed Kasam Ramjani Shaikh
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Nature of Litigation
Criminal appeal against conviction and sentence for murder under Section 302 IPC.
Remedy Sought
Appellant sought acquittal from the conviction and sentence of life imprisonment.
Filing Reason
Appellant was convicted by the trial court for murdering his wife by setting her on fire.
Previous Decisions
Trial court convicted the appellant under Section 302 IPC and sentenced him to life imprisonment with fine.
Issues
Whether the dying declaration is reliable and sufficient to convict the appellant.
Whether the conviction under Section 302 IPC is sustainable.
Submissions/Arguments
Appellant's counsel argued that the dying declaration was not reliable.
State argued that the dying declaration was credible and corroborated by other evidence.
Ratio Decidendi
A dying declaration, if found to be credible and reliable, can be the sole basis for conviction. In this case, the dying declaration recorded by PW 1 and the FIR recorded by PW 4 were consistent and trustworthy, establishing the appellant's guilt beyond reasonable doubt.
Judgment Excerpts
The trial court, on appreciation of evidence of all the five witnesses, accepted the dying declaration at Exh. 9 as reliable and it was corroborated by the complaint of the deceased recorded by PW 4.
Mr. Desai, the learned counsel for the appellant, did not dispute the finding of the trial court on the cause of death of Shabinabanu.
Procedural History
The appellant was arrested on July 12, 2001. The trial court convicted him on July 19, 2003. He filed this appeal under Section 374(2) CrPC. The appeal was reserved on April 8, 2011, and pronounced on April 15, 2011.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 307
- Code of Criminal Procedure, 1973 (CrPC): 374(2), 313
