Penal Code, 1860 – ss. 304 Part II and 316 – Culpable homicide not amounting to murder – Causing death of quick unborn child by act amounting to culpable homicide – Prosecution case that on the fateful night the husband in an inebriated state, picked a fight with his nine months pregnant wife and then poured kerosene on her, as a result she sustained in 98% burn injuries and subsequently died – She also gave birth to still born child – Dying declaration recorded – Maternal grand mother of the deceased witness to the incident – Conviction of the appellant u/ss. 302 and 316 and sentenced to life imprisonment and 10 years of R.I. respectively along with fine by the courts below – Correctness:
Held: Prosecution has been able to prove its case beyond reasonable doubt regarding the incident – Maternal grand mother of the deceased witnessed the incident – She along with the maternal aunt clearly established the facts – Even though PW
1 who recorded dying declaration was declared hostile, there is sufficient evidence to prove that it was the appellant who had poured kerosene on the deceased which led to the burn injuries and the death of the deceased and the child she was bearing – Fact that the deceased gave birth to a stillborn child on the next day while she was still alive and the death was caused by the act of the appellant, makes a case u/s. 316 – From every available evidence placed by the prosecution, it is a case where a sudden fight took place between the husband and wife – Deceased at that time was carrying a pregnancy of nine months and it was the act of pouring kerosene on the deceased that resulted in the fire and the subsequent burn injuries and the ultimate death of the deceased – Said act at the hands of the appellant would be covered under the fourth exception given u/s 300 – Act of the appellant was not premeditated, but is a result of sudden fight and quarrel in the heat of passion – Thus, it would be a case of culpable homicide not amounting to murder u/s. 304 Part II in as much as, though the accused had knowledge of the consequences of the act he was committing, yet there was no intention to cause death – Findings of s. 302 converted to that of s. 304 Part II and the accused sentenced to 10 years of R.I – Since the appellant has already undergone incarceration for more than 10 years, he be released forthwith from the jail unless required in some other offence. [Paras 11, 12, 14, 17-21]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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