Case Note & Summary
The appellant, Sukhdeo s/o Tikaram Bhardwaj, was convicted by the trial court for the offence punishable under Section 304 Part II of the Indian Penal Code for causing the death of his son Vishal by setting him on fire. The appellant was originally charged under Section 302 IPC for murder. The prosecution case was that the appellant had a live-in relationship with Revati, who was treated as his second wife, and had two children from her, including the deceased Vishal. There was a dispute between Revati and the appellant, leading Revati to stay with her parents, while Vishal and his brother Chhotu stayed with the appellant. On 22-1-2010 at about 3:00 to 4:00 a.m., the appellant's brother saw smoke emanating from the appellant's house and found Vishal burning and shouting. The fire was extinguished, and Vishal was admitted to the hospital. Vishal gave a dying declaration on 22-1-2010 at about 12:10 a.m. to the Executive Magistrate, stating that his father had poured kerosene on him from a kerosene lamp and set him on fire. Vishal died on 23-1-2010 due to 70.5% burn injuries. The trial court convicted the appellant under Section 304 Part II IPC. The appellant appealed against the conviction. The High Court examined the evidence, including the dying declaration, and found it to be voluntary and reliable. The court noted that the appellant had not taken any specific defence. The court upheld the conviction, finding no reason to interfere with the trial court's judgment. The appeal was dismissed.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part II Indian Penal Code, 1860 - Dying declaration - The appellant was convicted for causing death of his son by setting him on fire - The court upheld the conviction based on the dying declaration of the deceased recorded by the Executive Magistrate, which was found to be voluntary and reliable - Held that the dying declaration is sufficient to sustain conviction under Section 304 Part II IPC (Paras 1-8).
Issue of Consideration
Whether the conviction of the appellant under Section 304 Part II of the Indian Penal Code is sustainable based on the dying declaration and other evidence.
Final Decision
The appeal is dismissed. The conviction of the appellant under Section 304 Part II of the Indian Penal Code and the sentence of rigorous imprisonment for ten years and fine of Rs.1,000/- is upheld.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part II IPC
- Dying declaration
- Appreciation of evidence
- Sentence reduction
