Case Note & Summary
The matter involved confirmation of death sentence under Section 368 of the Code of Criminal Procedure, 1973 and a criminal appeal against conviction under Section 302 of the Indian Penal Code, 1860. The appellant, Nisar Ramzan Sayyed, was convicted by the Additional Sessions Judge, Shrirampur on 22 September 2011 for the murder of his wife Summayya by burning her. The prosecution case was that Summayya was subjected to cruelty by the appellant and his family members due to a dowry demand of Rs. 50,000 for purchasing an auto-rickshaw. On 29 October 2010, at about 5 am, the appellant poured kerosene on Summayya and set her on fire with a matchstick. He also threw the couple's three-year-old son on her burning body. Summayya suffered 90% burns and was admitted to Mission Hospital, Wadala. She gave dying declarations to relatives (PW1 and PW2) and to police officers (Exhibits 61 and 67), consistently naming her husband as the perpetrator. She also stated that the appellant's family members (acquitted co-accused) were standing at the door at the time. Summayya died on 3 November 2010 due to neurogenic shock from the burns; a seven-month fetus also died. The investigation revealed kerosene stains and burnt articles at the scene. The appellant and co-accused were charged under Sections 302 and 498-A read with 34 IPC. The trial court acquitted the co-accused but convicted the appellant under Section 302 IPC and sentenced him to death. The State sought confirmation of the death sentence, and the appellant filed an appeal challenging the conviction. Before the High Court, the prosecution relied on the dying declarations and circumstantial evidence, while the appellant's defence was that Summayya committed suicide and the appellant had taken her to hospital; he also claimed to have previously complained to police about her suicidal threats. The court heard arguments and reserved judgment on 9 March 2012, and the judgment was pronounced on 19 March 2012. The provided extract of the judgment ends after the narration of prosecution witness evidence, and thus the final decision of the High Court is not contained in the available text.
Issue of Consideration
Whether the death sentence awarded to the accused Nisar Ramzan Sayyed by the Additional Sessions Judge, Shrirampur under Section 302 of the Indian Penal Code is liable to be confirmed in view of Section 368 of the Code of Criminal Procedure, 1973, and whether the conviction is sustainable on merits.
