Case Note & Summary
The appellant, Prakash Sadu Raut, was convicted under Section 326 of the Indian Penal Code (IPC) for causing grievous hurt to Ranjana (also known as Sakhubai) by pouring kerosene on her and setting her on fire. The incident occurred on 17 February 1991, following a history of intimacy between the appellant and the deceased, which had soured due to pressure from her sons. The appellant, along with his sister and brother-in-law, allegedly went to the deceased's house, quarreled, and set her on fire. The deceased sustained 95% burn injuries and died five days later. The trial court acquitted the appellant of murder under Section 302 IPC but convicted him under Section 326 IPC, sentencing him to three years' rigorous imprisonment and a fine. On appeal, the High Court examined the dying declarations made by the deceased to her son, the police, and a Special Executive Magistrate, finding them consistent and reliable. The court held that the act of setting a person on fire causing grievous hurt was established, but the prosecution failed to prove the intention to cause death necessary for murder. The conviction under Section 326 IPC was upheld, and the appeal was dismissed.
Headnote
A) Criminal Law - Grievous Hurt - Section 326 IPC - Conviction for causing grievous hurt by pouring kerosene and setting on fire - The appellant was convicted under Section 326 IPC for causing grievous hurt to the deceased by pouring kerosene and setting her on fire, resulting in 95% burns and eventual death - The court upheld the conviction, finding that the dying declaration was reliable and the act constituted grievous hurt, but not murder as the intention to cause death was not established (Paras 1-18).
Issue of Consideration
Whether the appellant's conviction under Section 326 IPC is sustainable when the victim died of burn injuries, and whether the dying declaration was reliable.
Final Decision
Appeal dismissed. Conviction under Section 326 IPC and sentence of three years' rigorous imprisonment and fine of Rs.5,000 upheld.
Law Points
- Section 326 IPC
- grievous hurt
- intention to cause death
- dying declaration
- burn injuries
- Section 302 IPC
- Section 34 IPC
