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IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
JOYMALYA BAGCHI, MANOJIT MANDAL, JJ.
S.K. Sajahan - Appellant
Versus
The State of West Bengal - Respondent
CRA. No. 747 of 2014
Decided On : 22-07-2019
Dying Declaration - Criminal Appeal - Indian Penal Code, Section 302 - Section 498A - Section 307 - Section 302
Fact of the Case:
The appellant was convicted under Section 302 of the Indian Penal Code for the death of his wife due to burn injuries. The prosecution's case relied on circumstantial evidence and a dying declaration made by the deceased, alleging that the appellant had set her on fire.
Finding of the Court:
The court found the dying declaration to be reliable and admissible, as it was corroborated by oral statements made by the deceased to her parents and medical evidence. The court also rejected the defense's objections regarding the recording and admissibility of the dying declaration, as well as the delay in lodging the First Information Report.
Issues: Reliability of the dying declaration, admissibility of the dying declaration, and the significance of the delay in lodging the First Information Report.
Ratio Decidendi: The court held that the dying declaration was admissible and reliable, as it was recorded by a doctor who confirmed the deceased's fit mental condition. The court also emphasized that the delay in lodging the First Information Report was not fatal, considering the circumstances of the case.
Final Decision: The court upheld the order of conviction and sentence, dismissing the appeal and affirming the appellant's guilt under Section 302 of the IPC.
JUDGMENT :
Manojit Mandal, J.
1. This appeal is directed against the judgment and order of conviction and sentence dated 30.10.2014 and 31.10.2014 passed by the learned Additional Sessions Judge, Bolpur, Birbhum in Sessions Trial No. 06 (April) 2014 arising out of Sessions Case No. 115 of 2013 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.5,000/- (Rupees Five Thousand) only.
2. In order to appreciate the rival contentions advanced by the parties and issues involved, it is necessary to set out the facts of the case which give rise to the present criminal appeal:-
Marriage was solemnized between deceased Manowara and appellant as per Muslim Customs about 3 ½ years ago. Deceased Manowara died in the hospital on 01.06.2012 while under treatment for burn injuries which she had sustained on 23.05.2012. Appellant is the husband of the said deceased. Informant Anwar Sk (PW 1) and Saleha Biwi (PW 2) are the parents of the deceased. PW 3, PW 4, PW 7 and PW 8 are the neighbours of the appellant. PW 5 is Sk Alenur who scribed the written complaint.
PW 6 is the medical officer of Bolpur Sub-Divisional Hospital who attended the deceased as indoor patient. PW 9 Maitreyee Ganguli is a member of West Bengal Executive Service who conducted inquest over the dead body of deceased Manowara Biwi and proved the inquest report (Exbt.2) into evidence. PW 10 is the Investigating Officer. PW 11 is the Medical Officer, Dr.Debasish Sarkar who conducted post mortem examination over the deadbody of the deceased. Dr. Krishna Kamal De has been examined in this case as C.W. No. 1.
3. The prosecution case is that appellant and others did not supply meal to the deceased and used to torture her physically.
Appellant demanded a sum of Rs.5,000/-(Rupees Five Thousand) only for the purpose of constructing room.
Deceased told PW 1 about such demand.
The deceased used to complain regarding torture and cruelty meted out towards her by the appellant and others before her parents.
4. On 23.05.2012, the parents of the deceased were informed that the deceased with burn injuries was admitted to Sian Sub-Divisional Hospital.
On receipt of the aforesaid information, the parents went there and found that the deceased had sustained extensive burn injuries. Deceased was thereafter shifted to Burdwan Medical College and Hospital for better treatment. On 23.05.2012, it is alleged that the deceased disclosed before PW 1 and PW 2 that the appellant has poured kerosene oil on her and set her on fire with a match stick upon which the informant (PW 1) lodged a First Information Report (for short the F.I.R.) (Exbt.1) before the Officer-in- Charge Labpur Police Station who registered the case for commission of offences under Sections 498A and 307 of the Indian Penal Code (for short IPC) against the appellant and others.
5. On receipt of the aforesaid FIR, the case was registered.
The investigation of the case was entrusted to the Inspector of Police (PW 10).
PW 10 sent a message to the Burdwan Medical College and Hospital for recording dying declaration of the deceased, whereupon Dr. Krishna Kamal De, Medical Officer of Burdwan Medical College and Hospital (CW 1) recorded the dying declaration of the deceased on 27.05.2012. The said dying declaration was proved and exhibited as Exbt. I in the trial.
Thereafter, the deceased while under treatment died on 01.06.2012 in the hospital. After her death, an inquest was conducted by PW 9 and post mortem examination was conducted by PW 11.
PW 10 completed the investigation and thereafter, submitted charge-sheet against the appellant and others for commission of offence punishable under Section 498A and 302 of the IPC.
6. Charge under Section 302 of the IPC was framed against the appellant and others.
7. The present appellant and others denied the charge and claimed to be tried.
8. Prosecution examined 11 witnesses and marked several documents as exhibits. One witness wa
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