Case Note & Summary
The petitioner, a 20-year-old labourer and brother-in-law of the deceased, sought quashing of FIR No.138/2026 registered by Anekal Police Station under Sections 109, 103(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, and his consequential release from judicial custody. The case arose from an incident on 14.04.2026, when the deceased, the husband of accused No.4, went to the house of his father-in-law (accused No.1) in Janatha Colony. There, accused No.1 poured half a litre of petrol on the deceased, and the petitioner lit a matchstick, setting him on fire. An eyewitness from a nearby shop doused the flames. The deceased was taken to Anekal Government Hospital and later to Krishnagiri Government Hospital. On 15.04.2026, a judicial magistrate recorded his dying declaration, in which he narrated the incident. He succumbed to burn injuries on 02.05.2026, whereupon the FIR was registered. After investigation, which included recording the eyewitness statement, conducting inquest, obtaining post-mortem report, and FSL analysis confirming petrol residue, the petitioner and accused No.1 were arrested on 06.05.2026 and remanded to judicial custody. The petitioner contended that the criminal proceedings were based solely on the uncorroborated dying declaration, warranting quashing under Section 482 Cr.P.C. The State argued that the petitioner was not taken into custody solely on the dying declaration; there was corroboration from the eyewitness and other material collected during investigation. The High Court, after perusing the records, observed that the dying declaration was recorded when the deceased was conscious and certified fit, and that the eyewitness statement and other evidence provided ample corroboration. The Court held that it could not be said that the petitioner was taken into custody solely on the basis of the dying declaration, and accordingly found no merit in the petition. The criminal petition was dismissed, upholding the continuation of proceedings against the petitioner.
Headnote
A) Criminal Procedure - Quashing of FIR - Dying Declaration Corroboration - Code of Criminal Procedure, 1973, Section 482; Bharatiya Nyaya Sanhita, 2023, Sections 109, 103(1), 3(5) - The petitioner, accused of lighting a matchstick to burn the deceased after petrol was poured, sought quashing of FIR on the ground that his custody was based solely on the dying declaration without corroboration - The Court found corroboration from eyewitness statement, inquest report, post-mortem report, and FSL report - Held that the petitioner was not taken into custody solely on the dying declaration and that no ground existed to quash the proceedings under Section 482 Cr.P.C. (Paras 3-7)
Issue of Consideration
Whether the FIR and criminal proceedings should be quashed solely based on the dying declaration without corroboration?
Final Decision
Criminal petition dismissed; prayer for quashing FIR and release from judicial custody rejected.
Law Points
- Legal points not extracted
- Dying declaration can form basis of conviction if corroborated
- Quashing of FIR under Section 482 Cr.P.C. not permissible when prima facie case exists
