Case Note & Summary
The appellant, Feroj Mohammad Shaikh, was convicted by the Additional Sessions Judge, Osmanabad, for the murder of his wife Shahanaj under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment with a fine of Rs.5,000/-. The appellant and his mother, accused no.2 Bilkis, were acquitted of offences under Section 498-A read with Section 34 IPC, and Bilkis was also acquitted under Section 302 IPC. The State did not challenge the acquittal of Bilkis. The prosecution case was that Shahanaj married the appellant about seven years before the incident. Initially, she was treated well, but after the birth of her daughter, the appellant developed an addiction to alcohol and started demanding money. He would abuse and beat her if she refused. He sent her to her father's house to bring Rs.10,000/-, which her father raised through loans and labour and paid to Bilkis. After she returned, the appellant again demanded Rs.10,000/- for repayment of a personal loan. On the day of the incident, the appellant poured kerosene on Shahanaj and set her on fire, causing burn injuries that led to her death. The dying declaration recorded by the Executive Magistrate implicated the appellant. The court found the dying declaration credible and voluntary, and corroborated by other evidence, including the testimony of the deceased's father. The appeal was dismissed, and the conviction under Section 302 IPC was upheld.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 IPC - Conviction based on dying declaration - The appellant was convicted for murder of his wife based on her dying declaration and evidence of demand of money. The court held that the dying declaration was credible and voluntary, and corroborated by other evidence, thus sustaining the conviction. (Paras 1-10) B) Criminal Law - Cruelty - Acquittal - Section 498-A IPC - Acquittal of co-accused for cruelty - The co-accused mother-in-law was acquitted of cruelty and murder, and the State did not challenge the acquittal. The court did not interfere with the acquittal. (Paras 1-2)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on dying declaration and circumstantial evidence is sustainable.
Final Decision
The appeal is dismissed. The conviction of the appellant under Section 302 IPC and sentence of life imprisonment with fine of Rs.5,000/- is upheld.
Law Points
- Dying declaration can be sole basis of conviction if it is credible and voluntary
- Section 32 of Indian Evidence Act
- 1872
- Section 302 IPC
- Section 498-A IPC
- Section 34 IPC
