Case Note & Summary
The appellant, Rakesh Rajan Nayar, was convicted by the Additional Sessions Judge, Pune, for the murder of his wife Rohini under Section 302 IPC and sentenced to life imprisonment. The incident occurred on 5.10.2010 when the accused came home drunk and his wife objected to his drinking. In a fit of rage, he flung a plate at her, banged her head against the wall, sprinkled kerosene on her, and set her ablaze. He then attempted to extinguish the fire by pouring water and took her to the hospital. Rohini succumbed to her injuries on 11.2.2010. The prosecution relied on the dying declaration of the deceased recorded by a police officer, which was corroborated by medical evidence and other witnesses. The trial court convicted the accused under Section 302 IPC. On appeal, the Bombay High Court examined the evidence, particularly the dying declaration, and found it reliable. However, the court noted that the act was not premeditated and occurred during a sudden quarrel without any intention to cause death. The accused's subsequent conduct of trying to save the deceased indicated lack of intention to kill. The court held that the offence fell under Exception 4 to Section 300 IPC and was punishable under Section 304(ii) IPC. The conviction under Section 498A IPC was upheld. The sentence was reduced to the period already undergone (about 7 years) and the fine was maintained.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304(ii) Indian Penal Code, 1860 - Conviction under Section 302 IPC altered to Section 304(ii) IPC - The accused, in a fit of rage after being provoked by his wife's objection to his drinking, sprinkled kerosene and set her ablaze but later attempted to extinguish the fire and took her to hospital - Held that the act was not premeditated and lacked intention to cause death, thus falling under Exception 4 to Section 300 IPC (sudden fight) and punishable under Section 304(ii) IPC (Paras 10-14). B) Evidence Law - Dying declaration - Reliability - The dying declaration of the deceased was recorded by a police officer after certification of fitness by a doctor - The declaration was consistent and voluntary, hence admissible and reliable - Held that the dying declaration can be the sole basis for conviction if found trustworthy (Paras 5-9). C) Criminal Law - Dowry death - Section 498A Indian Penal Code, 1860 - The accused was also convicted under Section 498A for cruelty towards his wife - The evidence showed that the accused used to consume alcohol and assault his wife, constituting cruelty - Held that the conviction under Section 498A is sustainable (Para 15).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for murder is sustainable or whether the offence falls under Section 304(ii) IPC (culpable homicide not amounting to murder) based on the facts and circumstances of the case.
Final Decision
The appeal is partly allowed. The conviction under Section 302 IPC is set aside and the appellant is convicted under Section 304(ii) IPC. The sentence is reduced to the period already undergone (about 7 years). The fine of Rs.5000/- is maintained. The conviction under Section 498A IPC is upheld.
Law Points
- Culpable Homicide not amounting to murder
- Section 304(ii) IPC
- Section 302 IPC
- Dowry death
- Dying declaration
- Intent to kill
- Provocation
- Premeditation
