Case Note & Summary
The appeal was preferred by the appellant Shaikh Babar Shaikh Noor against the judgment and order dated 30th September 2013 passed by the Sessions Judge, Aurangabad in Sessions Case No. 2 of 2013, whereby the appellant was convicted for offences punishable under Section 498A and Section 302 of the Indian Penal Code, 1860. The trial court sentenced him to rigorous imprisonment for one year and a fine of Rs. 500/- under Section 498A, and life imprisonment and a fine of Rs. 500/- under Section 302, with both sentences to run concurrently. The prosecution case was that the appellant was married to Asma about two years before the incident, and they had an eight-month-old female baby. The appellant subjected Asma to cruelty after the birth of the baby by doubting her chastity and demanding a motorcycle or Rs. 50,000 from her parents. On 21st September 2012, around noon, in their rented room at Sajapur, the appellant quarreled with Asma regarding the unsatisfied demands and her character, poured kerosene on her, and set her on fire. Asma suffered burn injuries, came out crying for help, and the fire was extinguished by PW11 Asefa. PW9 Hussain Salim Pathan and the appellant then took her to GHATI Hospital. Police Head Constable Vitthal Javkhede, after satisfying himself about her fitness and obtaining medical opinion, recorded her statement in which she implicated the appellant. Based on this, Crime No. 222 of 2012 was registered under Sections 498A, 307, and 504 IPC. A Special Judicial Magistrate also recorded her dying declaration, endorsing her fitness. Asma succumbed to her injuries on 24th September 2012; postmortem revealed 67% burn injuries. After investigation, the appellant was chargesheeted, and the case was committed to the Sessions Court. The appellant pleaded not guilty and took the defence that Asma's death was accidental due to a stove burst. The trial court, after recording evidence and trial, convicted the appellant. In appeal, the appellant contended that there was no eyewitness to the incident, the dying declarations were unreliable due to being recorded in a non-mother tongue, containing contradictions, overwriting, incorrect date, lack of proper medical endorsement about fitness, and possibility of tutoring because the mother was present before recording. It was also argued that the deceased suffered burns to her tongue and throat, making her unable to speak, the stove and matchsticks were not seized, and the evidence of accidental death was wrongly discarded. The appellant relied on several precedents to challenge the reliability of the dying declarations. The respondent's arguments are not available in the provided excerpt. The court's analysis and final decision are not available due to the incomplete judgment text.
Issue of Consideration
Whether the dying declarations recorded in the case were voluntary, truthful, and reliable, and whether they were sufficient to base a conviction for offences punishable under Sections 498A and 302 of the Indian Penal Code, 1860, in light of the defence of accidental death?
