Case Note & Summary
The appellant, Rauf @ Lalu Khwaja Qureshi, was convicted by the Additional Sessions Judge, Greater Bombay, for the murder of his wife Parveen and for attempting to commit suicide. The prosecution case was that on the day of the incident, the appellant and his wife were at home while their children went out to play. When the son Aman returned, he found the door closed and through a gap saw his father holding a knife and covering his mother's mouth. Aman shouted, attracting neighbors. The appellant then opened the door, inflicted a knife injury on his own stomach, and threw the knife. Parveen was taken to the hospital with 100% burn injuries and made a dying declaration implicating her husband. The trial court convicted the appellant under Sections 302 and 309 IPC, sentencing him to life imprisonment and two months respectively. The appellant appealed, challenging the conviction. The High Court examined the evidence, including the dying declaration recorded by a Special Executive Magistrate, the testimony of the child witness Aman, and medical evidence. The court found the dying declaration to be voluntary, truthful, and reliable, and noted that the child witness was competent and his testimony was corroborated. The court also held that the appellant's self-inflicted injury constituted an attempt to commit suicide. The High Court dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - The deceased Parveen sustained 100% burn injuries and made a dying declaration implicating her husband - The dying declaration was recorded by a Special Executive Magistrate and corroborated by medical evidence - Held that the dying declaration was voluntary, truthful, and reliable, and could be the sole basis for conviction (Paras 7-10). B) Criminal Law - Child Witness - Evidentiary Value - Section 118 Indian Evidence Act, 1872 - The son Aman (P.W.9), aged about 9 years, testified that he saw his father holding a knife and covering his mother's mouth - The trial court found him competent and his testimony was corroborated by other evidence - Held that a child witness can be relied upon if found competent and testimony is corroborated (Paras 11-14). C) Criminal Law - Attempt to Commit Suicide - Section 309 Indian Penal Code, 1860 - The appellant inflicted a knife injury on his own stomach after the murder - Medical evidence confirmed the injury was self-inflicted - Held that the act of causing self-injury after killing his wife constituted an attempt to commit suicide (Para 15).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 309 of the Indian Penal Code, 1860 is sustainable based on the evidence of a child witness and dying declaration.
Final Decision
Appeal dismissed. Conviction and sentence under Sections 302 and 309 IPC upheld.
Law Points
- Murder
- Dying declaration
- Child witness
- Homicidal death
- Attempt to commit suicide
- Section 302 IPC
- Section 309 IPC
- Indian Penal Code
- 1860
