Case Note & Summary
The appellant, Sherkhan Mirbajkhan Pathan, was convicted under Section 302 IPC for the murder of his wife, Hasina begum, by pouring kerosene on her and setting her ablaze on 27.04.2010. The prosecution case was that the appellant had been harassing his wife for money and suspecting her fidelity. On the day of the incident, he abused and assaulted her, then poured kerosene and set her on fire. The deceased was taken to the hospital where her dying declaration was recorded by a Police Head Constable, in which she implicated her husband. The trial court convicted the appellant based on this dying declaration and other evidence. The appellant appealed, arguing that the dying declaration was not reliable as it was recorded by a police officer and not before a Magistrate. The High Court examined the dying declaration and found it to be voluntary, truthful, and consistent with the medical evidence. The court noted that the doctor had certified the deceased fit for making a statement, and the declaration was recorded in the presence of a doctor. The court also considered the testimony of the daughter, Reshma, who extinguished the fire and corroborated the incident. The court held that the dying declaration was credible and could be the sole basis for conviction. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Dying Declaration - Credibility - Section 32 Indian Evidence Act, 1872 - The court examined the dying declaration recorded by a Police Head Constable and found it to be voluntary, truthful, and consistent with the medical evidence. The declaration was recorded after the deceased was declared fit for making a statement by the doctor. The court held that the dying declaration can be the sole basis for conviction if it inspires confidence and is free from tutoring or fabrication. (Paras 1-10) B) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murdering his wife by pouring kerosene and setting her on fire. The court upheld the conviction based on the dying declaration and corroborating evidence of the daughter and medical reports. The sentence of life imprisonment and fine of Rs.1000/- was confirmed. (Paras 1-10)
Issue of Consideration
Whether the dying declaration of the deceased was credible and reliable to sustain the conviction of the appellant under Section 302 IPC.
Final Decision
The appeal is dismissed. The conviction and sentence under Section 302 IPC are upheld.
Law Points
- Dying declaration
- Section 32 Indian Evidence Act
- 1872
- credibility of dying declaration
- corroboration by medical evidence
- Section 302 Indian Penal Code
- 1860
- murder by burning
- presumption of innocence
- standard of proof beyond reasonable doubt
