Case Note & Summary
The appellant, Shekhar @ Shankar Hanmant Hosmani, was convicted under Section 302 of the Indian Penal Code for the murder of Shobha, a sex worker, by pouring kerosene on her and setting her on fire. The incident occurred on June 19, 2003, following a quarrel over a demand of Rs. 2,000. The deceased sustained burn injuries and died on June 26, 2003 due to septicemia. The prosecution relied on two dying declarations recorded by PW9 Police Constable Shinde (Exhibit 24) and PW6 Sitaram Nikam (Exhibit 26), both of which consistently stated that the appellant demanded money and set her on fire. The trial court convicted the appellant, and the High Court upheld the conviction, finding the dying declarations reliable and sufficient to prove guilt beyond reasonable doubt.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - Conviction based on two dying declarations - The appellant was convicted for murder by burning the deceased after a quarrel over money. The court held that the two dying declarations (Exhibits 24 and 26) were consistent, reliable, and sufficient to sustain the conviction. The court found no reason to disbelieve the dying declarations and upheld the life sentence. (Paras 1-5)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on two dying declarations is sustainable.
Final Decision
Appeal dismissed. Conviction under Section 302 IPC and sentence of life imprisonment with fine of Rs.1000 upheld.
Law Points
- Dying declaration
- reliability of dying declaration
- conviction based on dying declaration
- Section 302 IPC
- murder by burning
