Case Note & Summary
The appellant, Rangnath Shripati Tate, was convicted by the Sessions Judge, Parbhani, for the offence punishable under Section 304 Part II of the Indian Penal Code, 1860 (IPC) and sentenced to seven years rigorous imprisonment and a fine of Rs. 3,000/-. He was originally charged under Section 302 IPC for the murder of his wife, Jijabai, but was acquitted of that charge. The incident occurred on 2 March 2011 at about 11:30 a.m. at the residential house of the accused in village Dhasadi. The accused came home after consuming liquor, and a quarrel ensued with his wife. He then lifted a kerosene can, poured kerosene on himself and on the deceased, and set her on fire by lighting a matchstick. He later extinguished the fire by pouring water and took her to the Civil Hospital at Parbhani. The victim succumbed to her burn injuries on 3 March 2011. The prosecution relied on two dying declarations: the first recorded by Police Constable Abdul Wahid (PW3) on 2 March 2011, and the second recorded by Tahsildar Jyoti Pawar (PW8) on 3 March 2011. Both dying declarations consistently implicated the accused. The defence argued that the dying declarations were not reliable and that the incident was accidental. The court, after examining the evidence, found the dying declarations to be voluntary, consistent, and corroborated by medical evidence. The court held that the accused had the knowledge that his act of setting the deceased on fire was likely to cause death, but there was no intention to cause death, thus bringing the case under Section 304 Part II IPC. The court upheld the conviction and sentence, dismissing the appeal.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part II IPC - Dying declaration - Conviction based on dying declarations - The court examined the evidentiary value of two dying declarations recorded by a police officer and a Tahsildar, and held that they were consistent, voluntary, and reliable, and thus sufficient to sustain conviction under Section 304 Part II IPC, despite the acquittal under Section 302 IPC. (Paras 1-10) B) Evidence Law - Dying declaration - Corroboration - Section 32 of the Indian Evidence Act, 1872 - The court held that a dying declaration need not be corroborated if it is found to be truthful and reliable, and in this case, the dying declarations were corroborated by medical evidence and the testimony of witnesses. (Paras 11-15) C) Criminal Law - Sentencing - Section 304 Part II IPC - Sentence of seven years rigorous imprisonment - The court upheld the sentence of seven years rigorous imprisonment and fine of Rs. 3,000/-, finding it proportionate to the gravity of the offence, considering the accused's act of pouring kerosene and setting his wife on fire, though he later extinguished the fire and took her to hospital. (Paras 16-20)
Issue of Consideration
Whether the conviction of the appellant under Section 304 Part II of the Indian Penal Code, 1860 (IPC) is sustainable on the basis of the dying declarations and other evidence, and whether the sentence of seven years rigorous imprisonment is appropriate.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 304 Part II IPC are upheld.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part II IPC
- Dying declaration
- Evidentiary value
- Corroboration
- Medical evidence
- Intention to cause death
- Knowledge of likely death
