Indian Penal Code, 1860:
s. 302 – Prosecution under – Death caused by husband of wife by setting her ablaze – Dying declaration recorded by Magistrate – Conviction by courts below – Appeal to Supreme Court – Held: The dying declaration is natural and the same is corroborated by statements of PWs 5 and 6 – The evidence clearly establishes the guilt of the accused beyond reasonable doubt – Conviction affirmed.
Dismissing the appeal, the Court
HELD: 1 On coming to know that the deceased was admitted to hospital with the burn injuries, as informed by the police, the ASI went to the hospital along with other police officials. When it was noticed that the deceased has suffered 90 per cent injuries and was in a fit condition to make a declaration, he sent a request to the concerned Magistrate, upon which, the Judicial Magistrate, First Class, recorded the statement of the deceased. In her dying declaration, she has clearly stated that the appellant has poured Kerosene Oil on her and set her ablaze. Though, the family members of the appellant were also chargesheeted, they were subsequently discharged. [Para 13][497-C-E]
2. The dying declaration looks natural and there is no reason to disbelieve the same. In addition to the dying declaration, the statements of PW-5 and PW-6, who are mother and maternal uncle respectively of the deceased, corroborate the case of prosecution. It is clear from their statements that the deceased was tortured at the hands of the appellant and his family members. The Magistrate in her deposition, has clearly stated that the relatives of deceased were not there at the time of recording dying declaration of the deceased. Merely because the parents and other relatives of the deceased were present in the Hospital, when the statement of the deceased was recorded, it cannot be said that the said statement was a tutored one. Merely because they were in the hospital, the same is no ground to disbelieve the dying declaration, recorded by the Magistrate. The dying declaration along with the depositions of PW-5, PW-6 and other witnesses clearly establishes the guilt of the appellant, beyond reasonable doubt. [Paras 14 and 16][497-F-H; 498-B-D]
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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