IMPORTANT POINT
A dying declaration recorded by a competent authority holds significant weight in establishing the circumstances of a crime, while the absence of evidence supporting the specific elements of cruelty under Section 498A IPC can lead to acquittal on that charge.

JUDGMENT :

(M.B. Snehalatha, J.) :

Challenge in this appeal is to the judgment of conviction and order of sentence against the accused in S.C.No.572/2016 on the file of Court of Session, Kozhikode whereby the appellant/accused was convicted for the offences punishable under Sections 498A and 302 IPC.

2. Prosecution case in a nutshell is as follows:

Victim in this case is one Bindu. Accused is her husband. They were living together at their residence at Kuttikkattoor. Accused used to subject the victim to cruelty and used to torture her. On 12.7.2015 at 1.30 pm, with intent to commit murder of the victim, accused poured kerosene over the body of the victim and set ablaze her. The victim who suffered burn injuries, succumbed to the injuries on 12.8.2015 while she was undergoing treatment at Medical College Hospital, Kozhikode.

3. After investigation, final report against the accused for the offences punishable under Sections 498A and 302 of IPC was filed before the jurisdictional Magistrate. Upon committal, the case was made over to the Special Additional Sessions Court (Marad cases), Kozhikode.

4. The learned Sessions Judge framed charge against the accused for the offences punishable under Sections 498A and 302 of IPC. Accused pleaded not guilty to the charge and claimed to be tried.

5. Before the trial court, prosecution examined PWs 1 to 24, marked Exts.P1 to P25. MO1 is the material object. After the closure of the prosecution evidence, accused was examined under Section 313(1)(b) of Cr.P.C regarding the incriminating circumstances appearing against him in the evidence of the prosecution. He maintained innocence. On the side of the accused DW1 and 2 were examined. By the judgment impugned in this appeal, the learned Sessions Judge found the accused guilty for the offences punishable under Sections 498A and 302 of IPC and he was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.25,000/-for the offence punishable under Section 302 IPC, in default of payment of fine to undergo simple imprisonment for one year. For the offence punishable under Section 498A of IPC, he was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.5,000/-, in default of payment of fine to undergo simple imprisonment for one month.

6. The point which arises for consideration is whether the conviction entered and the sentence passed against the accused by the trial court is sustainable or not.

7. It is an admitted fact that the accused and the victim were husband and wife and they were living together at Kuttikattoor with their minor children. There is no dispute over the fact that Bindu who was the wife of the accused sustained burn injuries on 12.7.2015 at around 1.30 pm at the residence wherein she along with her husband and children were residing. Undisputably, the victim Bindu died on 12.8.2015 at Medical College Hospital, Kozhikode while she was undergoing treatment at the said hospital for the burn injuries.

8. PW15 is the doctor who conducted the postmortem examination on the dead body of Bindu and Ext.P12 is the postmortem certificate. The ante-mortem injuries noted in Ext.P12 are:

“Non heeling burns with yellowish infected areas seen on face, ears, neck, front and back of chest and right upper limb upto the wrist. Heeling burns over an area 10x7 cm on inner aspect of left arm 10 cm. below armpit (30% of total body surface area involved)”

9. In Ext.P12 the opinion as to the cause of death stated by the doctor is that the deceased died due to deep burns involving 30% of the total body surface area and its complications including pneumonia.

10. The prosecution also caused production of Ext.P5 case sheet and examined PW18 doctor. Ext.P5 case sheet in respect of victim Bindu and Ext.P2 postmortem certificate coupled with the evidence tendered by the doctors viz. PWs15 and 18 would reveal that the victim Bindu who suffered burn injuries on 12.7.2015 was admitted at Medical College Hospital, Kozh