Case Note & Summary
The appellant, Anwar Imamsab Rangrej, was convicted by the IV Additional Sessions Judge, Solapur, in Sessions Case No. 153 of 2001 for the murder of Raisa, the wife of the complainant Jalil Gularm Husain Qureshi, under Section 302 of the Indian Penal Code, 1860, and under Section 25 of the Arms Act, 1959. The prosecution case was that on 18 February 2001, at around 8:30 p.m., the deceased told her husband that she was going to the accused's house to collect outstanding dues for cloth she had sold to them. She left at about 9:00 p.m., and her husband followed about ten minutes later to go to a hotel for tea. On the way, he saw his wife crying and holding her belly, with bleeding injuries and intestines protruding. She told him that the accused persons had caused the injuries, and then died on the spot. The husband lodged a complaint, and after investigation, the accused were charged. The prosecution examined 13 witnesses. The trial court convicted the appellant, and he appealed to the High Court. The High Court, after re-appreciating the evidence, held that the dying declaration made by the deceased to her husband was admissible under Section 32(1) of the Indian Evidence Act, 1872, and was reliable. The court found that the dying declaration was spontaneous, made to a natural witness, and there was no possibility of tutoring. The medical evidence corroborated the homicidal death. The court also noted that the motive for the crime was the non-payment of dues, and the recovery of the knife used in the crime further strengthened the prosecution case. The High Court dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Dying Declaration - Admissibility and Reliability - Section 32(1) Indian Evidence Act, 1872 - The deceased, Raisa, told her husband (PW1) immediately after sustaining injuries that the accused caused them. The court held that this oral dying declaration is admissible under Section 32(1) of the Indian Evidence Act, 1872, and is reliable as it was made spontaneously to a natural witness, and there was no opportunity for tutoring. The conviction based on such dying declaration, corroborated by motive and recovery of weapon, was upheld. (Paras 3-5) B) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murder under Section 302 IPC. The court found that the dying declaration clearly implicated the appellant, and the medical evidence supported the homicidal death. The appeal against conviction was dismissed. (Paras 2-6) C) Criminal Law - Arms Act - Section 25 Arms Act, 1959 - The appellant was also convicted under Section 25 of the Arms Act for possession of a knife used in the crime. The court upheld this conviction as the recovery of the knife was proved and linked to the appellant. (Paras 2, 6)
Issue of Consideration
Whether the dying declaration made by the deceased to her husband is admissible and reliable to convict the appellant for murder under Section 302 IPC and under Section 25 of the Arms Act, 1959.
Final Decision
Appeal dismissed. Conviction and sentence under Section 302 IPC and Section 25 Arms Act upheld.
Law Points
- Dying declaration
- Section 32(1) Indian Evidence Act
- 1872
- Murder
- Section 302 IPC
- Arms Act
- 1959
- Section 25
- Circumstantial evidence
- Motive
- Recovery of weapon
