Case Note & Summary
The appellant, Ashwini Rammeher Sharma, was convicted by the Additional Sessions Judge at Sewree, Mumbai, for the murder of his wife Vijaya under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment. The prosecution case was based on the dying declaration of the victim, who stated that on 3 November 2010, around 4:00 p.m., a quarrel occurred between her and the appellant, and he poured kerosene on her and set her on fire. The victim was taken to KEM Hospital, where her statement was recorded by Police Sub-Inspector Krishna Chavan (PW11) and treated as a dying declaration. The appellant challenged the conviction, arguing that the dying declaration was unreliable, that he had tried to save the victim and suffered injuries, and that the trial court ignored evidence of neighbours (PW3 and PW4) who stated that the appellant extinguished the fire. The State argued that the dying declaration was genuine and corroborated by other evidence. The High Court examined the evidence, including the testimony of PW11, the medical officer (PW2), and the neighbours. The court noted that the dying declaration was recorded in the presence of a doctor who certified the victim's consciousness. The court found that the appellant's conduct of taking the victim to hospital did not absolve him, and the injuries on his hand could be self-inflicted or caused while pouring kerosene. The court held that the dying declaration was reliable, voluntary, and consistent with medical evidence. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 IPC, Section 32 Indian Evidence Act, 1872 - Conviction based on dying declaration - The appellant was convicted for murder of his wife by pouring kerosene and setting her on fire. The dying declaration recorded by a police officer was challenged on grounds of lack of time, absence of magistrate, and inconsistencies. The court held that the dying declaration was reliable, voluntary, and corroborated by medical evidence and other witnesses. The appeal was dismissed. (Paras 1-7)
Issue of Consideration
Whether the dying declaration of the deceased was reliable and sufficient to sustain the conviction of the appellant under Section 302 IPC.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC are upheld.
Law Points
- Dying declaration
- reliability of dying declaration
- corroboration
- Section 302 IPC
- Section 32 Indian Evidence Act
- 1872
