Case Note & Summary
The case involves two appeals by Ramija Mulla (accused No.1) and Mumtaj Khan (accused No.2) against their conviction by the Additional Sessions Judge, Vaduj, for the murder of Sunita by burning. The prosecution case was that Sunita was having an affair with Salauddin, husband of accused No.1. On 17 September 2008, both accused went to Sunita's house, quarreled with her, abused and assaulted her, then poured kerosene on her and set her on fire. Sunita was taken to the hospital where her dying declaration was recorded by police head constable Jadhav (PW11), which was treated as the FIR. She died on 20 September 2008 due to 72% burns. The trial court convicted both accused under Sections 302, 323, 504, and 506 read with Section 34 IPC and sentenced them to life imprisonment. In appeal, the appellants challenged the credibility of the dying declaration, arguing that it was not recorded properly and that the deceased was not in a fit state of mind. The High Court examined the evidence, including the testimony of PW11, the doctor (PW6) who certified the deceased's fitness, and eyewitnesses PW1 and PW2. The court found that the dying declaration was voluntary, truthful, and consistent with other evidence. The medical evidence confirmed the cause of death. The court held that the dying declaration was credible and could be the sole basis for conviction. The appeals were dismissed, and the conviction and sentence were upheld.
Headnote
A) Evidence Law - Dying Declaration - Credibility and Reliability - Indian Evidence Act, 1872, Section 32(1) - The court examined whether the dying declaration recorded by PW11 police head constable was voluntary, truthful, and free from tutoring. The deceased was conscious and in a fit state of mind to make the declaration. The doctor's certificate and testimony confirmed her mental fitness. The declaration was consistent with the oral testimony of PW1 and PW2, and the medical evidence supported the cause of death. Held that the dying declaration was credible and could be relied upon to convict the accused (Paras 1-10). B) Criminal Law - Murder by Burning - Common Intention - Sections 302, 34 Indian Penal Code, 1860 - The appellants, accused No.1 (wife of deceased's lover) and accused No.2 (sister-in-law), came to the deceased's house, quarreled, abused, assaulted, poured kerosene, and set her on fire. The dying declaration and eyewitness accounts established that both accused acted in concert with common intention to cause death. The medical evidence showed 72% burns leading to death. Held that the conviction under Section 302 read with Section 34 IPC was justified (Paras 1-10).
Issue of Consideration
Whether the dying declaration of the deceased is credible and reliable to sustain the conviction of the appellants under Section 302 IPC and other offences.
Final Decision
Both appeals are dismissed. The conviction and sentence passed by the learned Additional Sessions Judge, Vaduj, on 24.5.2011 in Sessions Case No.64 of 2010 are confirmed.
Law Points
- Dying declaration can be sole basis of conviction if found credible and reliable
- Corroboration of dying declaration not essential but strengthens case
- Section 302 IPC for murder by burning
- Section 34 IPC for common intention
