Case Note & Summary
The appellant, Balu @ Raju Rustam Suradkar, was convicted by the Sessions Court for the murder of his wife, Sunita, under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 26-03-2010, the appellant, under the influence of alcohol, quarreled with his wife, poured kerosene on her, and set her ablaze. The deceased was taken to Reynolds Hospital, Washim, where her statement was recorded by a Judicial Magistrate (Exhibit 36) after the doctor certified her fitness. She died on 30-03-2010. The appellant challenged the conviction, arguing that the dying declaration was not reliable. The High Court examined the evidence, including the dying declaration, medical reports, and testimony of witnesses. The court found that the dying declaration was recorded in accordance with law, the deceased was in a fit state of mind, and the declaration was consistent with other evidence. The court held that the dying declaration was credible and sufficient to sustain the conviction. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Dying Declaration - Admissibility - Section 32 Indian Evidence Act, 1872 - Dying declaration recorded by Judicial Magistrate after certification of fitness by doctor is admissible and can be sole basis for conviction if found credible and reliable - Court held that the dying declaration (Exhibit 36) was recorded after the doctor certified that the deceased was in a fit state of mind, and the Magistrate followed proper procedure, hence it is trustworthy (Paras 1-10).
B) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on dying declaration - The deceased stated that her husband poured kerosene and set her on fire - The dying declaration was corroborated by medical evidence and other circumstances - Court held that the prosecution proved the case beyond reasonable doubt and upheld the conviction (Paras 11-15).
Issue of Consideration
Whether the dying declaration of the deceased is reliable and sufficient to sustain the conviction under Section 302 IPC
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Sessions Court are upheld.
Law Points
- Dying declaration admissible if recorded by Magistrate after certification of fitness
- Conviction can be based solely on dying declaration if it is credible and reliable
- Section 302 IPC requires proof of intention to cause death or knowledge that act is likely to cause death
Case Details
2015 LawText (BOM) (07) 195
Criminal Appeal No. 416 of 2013
Shri N.A. Badar for appellant, Shri S.S. Doifode for respondent/State
Balu @ Raju Rustam Suradkar
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Nature of Litigation
Criminal appeal against conviction for murder
Remedy Sought
Appellant sought acquittal from conviction under Section 302 IPC
Filing Reason
Appellant challenged the judgment of Sessions Court convicting him for murder of his wife
Previous Decisions
Sessions Court convicted appellant under Section 302 IPC and sentenced to life imprisonment
Issues
Whether the dying declaration is reliable and sufficient to convict the appellant under Section 302 IPC
Submissions/Arguments
Appellant argued that the dying declaration was not reliable and the prosecution failed to prove the case beyond reasonable doubt
Respondent/State argued that the dying declaration was recorded after proper certification and is credible, and the conviction is justified
Ratio Decidendi
A dying declaration recorded by a Judicial Magistrate after certification of fitness by a doctor is admissible under Section 32 of the Indian Evidence Act and can form the sole basis for conviction if it is found to be credible and reliable. The court must be satisfied that the deceased was in a fit state of mind and the declaration was made voluntarily and without any tutoring.
Judgment Excerpts
The appellant has filed this appeal challenging the judgment passed by the Sessions Court, convicting him for the offence punishable under Section 302 Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.1000/ and in default of payment of fine, to suffer simple imprisonment for one month.
The case of the prosecution is : Balu @ Raju Rustam Suradkar (appellant) and Sunita @ Bali were married eleven years prior to the incident and had two sons aged about 8 and 6 years. The appellant used to beat his wife under the influence of alcohol. On 26-03-2010 around 7:00 p.m. the appellant came to house under the influence of alcohol, picked up quarrel with his wife, had beaten her and abused her and poured kerosene on her person and set her ablaze by throwing match stick on her.
Procedural History
The appellant was charged under Section 307 IPC initially, which was later converted to Section 302 IPC after the death of the victim. The Sessions Court convicted the appellant. The appellant filed this appeal before the High Court.
Acts & Sections
- Indian Penal Code, 1860: 302, 307
- Indian Evidence Act, 1872: 32
