Case Note & Summary
The appellant, Suresh Malhari Gaware, was convicted by the Sessions Court for the murder of Raziyabi Nashir Khan under Section 302 of the Indian Penal Code, 1860, and sentenced to life imprisonment. The appellant and the deceased were living together after the death of her husband. On the night of May 9, 2001, the appellant, who was addicted to liquor, returned home and demanded money from Raziyabi. When she refused, he poured kerosene on her and set her on fire. The deceased sustained 65% burn injuries and was taken to Sion Hospital, where her statement was recorded by a Special Executive Magistrate. She succumbed to her injuries on May 20, 2001. The prosecution examined six witnesses, including PW1 Ameenabai, the 10-year-old daughter of the deceased, who testified that she witnessed the appellant pouring kerosene and setting her mother on fire. The appellant was arrested on May 10, 2001. The trial court convicted the appellant, leading to this appeal. The High Court examined the evidence, particularly the testimony of the child witness and the dying declaration. The court found that the child witness was competent and her testimony was credible, as she was an eyewitness and her account was consistent. The dying declaration recorded by the Special Executive Magistrate also corroborated the prosecution's case. The court held that there was no reason to disbelieve the child witness or the dying declaration. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on child witness testimony - The appellant was convicted for murder by setting the deceased on fire after a quarrel over money for liquor. The court relied on the testimony of the deceased's 10-year-old daughter (PW1) who witnessed the incident. The court held that the child witness was competent and her testimony was credible, corroborated by the dying declaration and medical evidence. The appeal was dismissed. (Paras 1-7) B) Evidence Law - Child Witness - Competency and Credibility - The court examined the child witness (PW1) and found her to be intelligent and capable of understanding the duty to speak truth. Her testimony was consistent and not shaken in cross-examination. The court held that there is no rule that a child witness's testimony requires corroboration; it can be acted upon if found reliable. (Paras 3-5) C) Evidence Law - Dying Declaration - Admissibility and Weight - The dying declaration of the deceased recorded by the Special Executive Magistrate was considered. The court noted that the deceased was conscious and in a fit state to make the statement. The dying declaration corroborated the child witness's account. The court held that the dying declaration is a strong piece of evidence and can form the basis of conviction. (Paras 6-7)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on the testimony of a child witness and dying declaration is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC are upheld.
Law Points
- Murder
- Section 302 IPC
- Dying Declaration
- Child Witness
- Credibility of Testimony
- Circumstantial Evidence
