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IN THE HIGH COURT OF ALLAHABAD
S. K. MUKHERJEE , J. P. SEMWAL
SANT GOPAL ALIAS BHAGAT - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Criminal Appeal 350 Of 1992
Decided On : 08/12/1993
The court convicted the accused of murder under Section 302/34 of the Indian Penal Code (IPC) for setting his sister-in-law on fire after sprinkling kerosene on her. The court relied on the dying declaration of the victim, medical evidence, and circumstantial evidence to establish the guilt of the accused.
Fact of the Case:
The deceased, Smt. Uma Devi, was married to Swami Shankar, brother of the accused Sant Gopal. After the marriage, the deceased was subjected to cruelty and harassment by the accused and his other family members in connection with the demand of dowry. On 8-2-1990, Thursday, accused Sant Gopal at about 7.30 p.m. set fire on Smt. Uma Devi after sprinkling kerosene oil on her with an intention to commit her murder. Smt. Uma Devi in burnt and serious condition was brought to Mahewa Hospital with the help of the villagers. No intimation about the occurrence was sent to Har Dayal, the father of Smt. Uma Devi.
Finding of the Court:
The court found that the prosecution had proved its case against the accused under Section 302/34 IPC beyond reasonable doubt. The court held that the dying declaration of the victim, the medical evidence, and the circumstantial evidence all pointed to the guilt of the accused. The court also found that the accused had not been able to provide any plausible explanation for the occurrence.
Issues: 1. Whether the prosecution had proved its case against the accused under Section 302/34 IPC beyond reasonable doubt? 2. Whether the dying declaration of the victim, the medical evidence, and the circumstantial evidence were sufficient to establish the guilt of the accused?
Ratio Decidendi: The court held that the dying declaration of the victim, the medical evidence, and the circumstantial evidence were sufficient to establish the guilt of the accused. The court relied on the following principles: * A dying declaration is admissible in evidence under Section 32 of the Indian Evidence Act and can form the sole basis of conviction. * The court must be satisfied that the dying declaration is true and voluntary and that the deceased was in a fit state of mind to make the statement. * Once the court is satisfied that the dying declaration is true and voluntary, it can base its conviction without any further corroboration. * In the present case, the court found that the dying declaration of the victim was true and voluntary and that the deceased was in a fit state of mind to make the statement. The court also found that the medical evidence and the circumstantial evidence corroborated the dying declaration.
Final Decision: The court convicted the accused of murder under Section 302/34 IPC and sentenced him to life imprisonment.
( 1 ) THE sole accused -appellant has filed this appeal against the judg ment and order dated 1-2-1992 passed by the IInd Addl. Sessions Judge, Etawah, in sessions Trial No. 270 of 1990, convicting the appellant under Section 302/34 I. P. C. and sentencing him to death. The learned IInd Addl. Sessions Judge, Etawah has made reference under Section 366 Cr. P. C. for confirmation of the death sentence, which has been numbered as Reference No. 2 of 1992.
( 2 ) THE accused-appellant took his trial on the allegation that Smt. Uma Devi was subjected to cruelty and harassment by the accused and his other family members in connection with the demand of dowry and that on 8-2-1990 at 7. 30 p. m. the accused in his house situated in village Naudhana, police station Bakewar, District Etawah in furtherence of his common intention with his brother and wife sprinkled kerosene oil over Smt. Uma Devi and set her on fire causing her death on account of burn injuries in District Hospital, Etawah on 7-3-1990, at 4. 30 p. m.
( 3 ) THE facts of the case as disclosed in the first information report and the prosecution evidence are that Smt. Uma Devi was married to Swami Shanker, son of Munshi Lal, about four years before the occurrence. Her husband Swami Shankar was doing service in Bombay and Smt. Uma Devi (deceased) was residing with her fa ther-in-law, mother-in-law and elder brother of her husband (Jeth) in village Naudhana. After the marriage, the aforesaid persons used to harass and maltreat Smt. Uma Devi on account of de mand of dowry. On 8-2-1990, Thursday, accused Sant Gopal at about 7. 30 p. m. set fire on Smt. Uma Devi after sprinkling kerosene oil on her with an intention to commit her murder. Smt. Uma Devi in burnt and serious condition was brought to Mahewa Hospital with the help of the villagers. No intimation about the occurrence was sent to Har Dayal, the father of Smt. Uma Devi. Har Dayal, (p. w. 1), however, learnt about the occurrence on Saturday and then he visited Mahewa Hospital and found the condition of his daughter serious. The Doctor was not giving proper treatment to Smt. Uma Devi under the influence of accused persons. Har Dayal (p. w. 1) went to inform the police but they did not pay any heed, nor scribed the report. Har Dayal then went to Etawah and got prepared report dated 12-2-1990 (Ex. Ka-1 ). It was also mentioned in the report that the accused persons were not allowing the family members of the reporter to look after Smt. Uma Devi and were making their efforts to get the matter hushed up and that the dying declaration of Smt. Uma Devi was necessary. A request was made for relieving her from the clutches of the accused persons, so that proper treatment may be given to her to save her life. Har Dayal (p. w. 1) gave this report (Ex. Ka-1) to the Senior Superintendent of police, Etawah who after making endorsement on this report asked the reporter to hand over this report at police station Bakewar. Har Dayal (p. w. 1) handed over the report (Ex. Ka-1) to Head Constable Sant Pal Singh (p. w. 2) on the same day, i. e. 12-2-1990, at 2. 30 p. m. who prepared the formal chik-report (Ex. Ka-2) and registered the case at serial no. 22 of the General Diary under Section 498 A, I. P. C. (Vide G. D. Extract, Ex. Ka-3), against four persons, namely Munshi Lal, Sant Gopal, Sri Ram and Smt. Ladeti Devi. The investigation of the case was entrusted to S. I. Saudan Singh (p. w. 9 ).
( 4 ) SMT. Uma Devi with burn-injuries was brought to Mahewa Hospital on 9-2-1990 at 12 noon by Surendra alias Suresh. Dr. G. P. Chaudhari (p. w. 5) who was Medical Officer In charge of Public Health Centre, Mahewa, exam ined the injuries of Smt. Uma Devi and found the following injuries on her person (vide injury report, Ex. Ka. 6 ). (1) Burn on both sides of face, fore-head, both of neck with bullows formation, smell of kero sene was present with grass oedema. (2) Burn with bullows formation on (L) arm upper and forearm and hand both s
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