Penal Code, 1860: ss. 304 Part II and 302 – Murder – Dying declaration – On facts, quarrel between the victim and her husband and during the quarrel, appellant-sister-in-law who was living on the lower floor of the house arrived at the scene – She threw the burning kerosene stove on the victim – Victim suffered burn injuries, resulting in her death – Conviction and sentence of the appellant u/s. 302 by the courts below – On appeal, held: Dying declaration recorded within few hours of admission of the victim in the hospital was relied by the courts below, wherein the victim stated as to how she was burned – There is no evidence to come to conclusion that the appellant had any intention to kill the deceased – However, there cannot be any issue that when a person throws a burning stove on a person there is knowledge that the act is likely to cause death – Trial court rightly held that accused threw burning stove on the deceased but whether the act was done with intention to cause death had not been adverted to by the trial court – In the facts and circumstances of the case, the appellant can be said to have committed offence u/s. 304 Part II – Conviction of the appellant is altered from s. 302 to s. 304 Part II and sentenced of life imprisonment is reduced to rigorous imprisonment for five years.
Hari Shanker v. State of Rajasthan (1998) 8 SCC 355 – relied on.
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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