Case Note & Summary
The appellant, Suresh Maruti Badgurav @ Pujari, was convicted by the Additional Sessions Judge, Kalyan in Sessions Case No.85 of 1999 for the murder of his wife, Nirmalabai, by burning, under Section 302 of the Indian Penal Code. The prosecution case was that on 26.3.1999, Nirmalabai was admitted to Central Hospital, Ulhasnagar with severe burn injuries. She was brought by a neighbour and gave a history that her husband had set her on fire. The police were informed, and a Special Executive Magistrate recorded her dying declaration in the presence of a doctor. The dying declaration, exhibited as Ex.13, was in question-answer form and bore the doctor's certification that the victim was in a fit physical and mental condition to give the statement. The accused was arrested and charged. The prosecution examined seven witnesses, including the Special Executive Magistrate (PW-1) and the doctor. The trial court, upon appreciation of evidence, convicted the accused. The appellant appealed to the High Court, arguing that the dying declaration was unreliable. The High Court, with the assistance of counsel, reappreciated the entire evidence. The court found that the dying declaration was properly recorded, with necessary certifications, and that there was no reason to disbelieve it. The court held that the dying declaration was sufficient to prove the guilt of the accused beyond reasonable doubt. Consequently, the appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder by Burning - Dying Declaration - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murdering his wife by burning based on a dying declaration recorded by a Special Executive Magistrate. The court held that the dying declaration was reliable as it was recorded in question-answer form, with proper certification by the doctor that the victim was fit to give the statement. The court reappreciated the evidence and found no reason to disbelieve the dying declaration, thereby upholding the conviction. (Paras 1-5)
Issue of Consideration
Whether the dying declaration recorded by the Special Executive Magistrate is reliable and sufficient to sustain the conviction of the appellant under Section 302 of the Indian Penal Code for murdering his wife by burning.
Final Decision
Appeal dismissed; conviction and sentence under Section 302 IPC upheld
Law Points
- Dying declaration
- Section 302 IPC
- Murder by burning
- Reliability of dying declaration
- Certification by doctor
- Question and answer form
