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2011 (73) ACC 502
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
B.C. Kandpal, Nirmal Yadav, J.
Baldeo Singh - Appellant.
Versus
State - Respondent.
Criminal Appeal No. 660/2001
Decided on : June 10, 2010
Dying Declaration - Murder - Cr.P.C. 374(2) - I.P.C. 302 - I.P.C. 304 Part-I - I.P.C. 302 - I.P.C. 304 Part-I
Fact of the Case:
The appellant was convicted of murdering his wife based on the dying declaration of the victim, corroborated by witness testimony and circumstantial evidence. The defense argued that the dying declaration was not trustworthy due to the victim's critical condition, but the court found it to be reliable and coherent. The court also considered the promptness of the FIR and the absence of any reason for the victim to falsely implicate her husband.
Finding of the Court:
The court found the dying declaration to be wholly reliable and upheld the conviction based on it, along with corroborative evidence and attending circumstances of the case.
Issues: Reliability of dying declaration, promptness of FIR, absence of motive for false implication
Ratio Decidendi: The dying declaration was considered reliable and trustworthy, and the absence of any reason for the victim to falsely implicate her husband strengthened its credibility. The promptness of the FIR and corroborative evidence further supported the conviction.
Final Decision: The appeal was dismissed, and the conviction and sentence awarded against the accused were upheld. The accused was ordered to be taken into custody to serve out the sentence.
B.C. Kandpal, Nirmal Yadav, J.
This appeal, U/S 374(2) of Cr.P.C. has been preferred against the judgment and order dated 9.12.1996, passed by Sessions Judge, Uttarkashi, in S.T. No. 8 of 1994, State vs. Baldeo Singh, convicting accused Baldeo Singh U/S 302 I.P.C. and sentencing him to imprisonment for life.
The brief facts of the prosecution case are that one Narain Puri lodged a first information report on 26.12.1993, at P.S. Kotwali Uttarkashi mentioning therein that on 26.12.1993 at about 9.45 P.M. Bhanu Pratap Singh came to his house and informed him that his daughter Savitri wife of Baldeo Singh has been burnt and the villagers have taken her to District Hospital, Uttarkashi. On this information, he reached District Hospital, Uttarkashi, and saw that whole body of his daughter was burnt and she was crying. She told him that her husband came in drunken condition to his house and when she expressed her opinion as to why he was wasting his money, her husband started beating her. At that time she was sitting in the kitchen where her husband poured kerosene oil upon her body and set her on fire. She further told him that earlier also Baldeo Singh used to beat her. On the basis of said report, Ext. Ka.1, chick F.I.R. Ext. Ka.7 was prepared and a case was registered against the accused in G.D. report No. 41, at 11.30 P.M. on 26.12.1993, carbon copy of which is Ext. Ka.8. The investigation of the case was entrusted to S.I. Jashwalal. On 27.12.1993 he recorded the statement of Smt. Savitri Devi in the hospital and seized the burnt clothes of the victim and iron jeriken, half filled with kerosene oil along with a matchbox from the place of occurrence and prepared recovery memo, Ext. Ka.10. He also prepared site-plan, ext. Ka.11, of the place of occurrence. He conducted inquest on the dead body of Smt. Savitri Devi on 28.12.1993 and prepared inquest report Ext. Ka.12. The I.O. also prepared Sketch dead body, Ext. Ka.13, Police Form No. 13, Ext. Ka.14, letters to C.M.O. Ext. Ka.15, and Ext. Ka.16.
2. The dying declaration of the victim Smt. Savitri Devi, Ext. Ka.5, was recorded by Sri Chhotey Lal Pasi, S.D.M. on 26.12.1993, at 11.15 P.M.
3. Dr. Y.S. Rana, Medical Officer, District Hospital, Uttarkashi treated Smt. Savitri Devi. According to him whole body of the victim was burnt and it was burnt about 90% from foot to head. She was in critical condition, but she was in sense. He also found that there was acute shortage of water in the body and swelling has started. Information was sent to P.S. Kotwali, Uttarkashi through memo, Ext. Ka.2. The doctor prepared injury report Ext. Ka.3. After the death of the victim Dr. Rajeev Banswal held autopsy on her dead body on 28.2.1993, at 1.20 P.M. and found the following ante mortem injuries on her body-
(1) Lacerated wound 2cm x 1cm on lower portion of right leg.
(2) There were 90% burn injury marks on the whole body.
(3) There were intensive burnt injuries except lower front portion. The lower abdomen was also burnt. Hair of head were also burnt.
In the opinion of the doctor the death was caused due to 90% burn injuries. Dr. J.K. Singh was also present at the time of post mortem examination and he proved the signatures of Dr. J.K. Singh and also proved the post mortem report, Ext. Ka.4.
4. After completion of investigation, the I.O. submitted charge sheet, Ext. Ka.6, against the accused.
5. The Chief Judicial Magistrate Uttarkashi, vide his order dated 22.2.1994, committed the case to the court of Sessions.
6. The learned Sessions Judge, Uttarkashi framed charge U/S 302 I.P.C. against the accused, to which he pleaded not guilty and claimed to be tried.
7. The prosecution, in support of its case, examined P.W.1, Narain Puri, P.W.2, Kripal Singh, P.W.3, Vinod Panwar, P.W.4, Budhi Singh, P.W.5, Dr. Y.S. Rana, P.W.6, Dr. Rajeev Banswal, P.W.7, Chhotey Lal, P.W.8, Ashok Kumar, and P.W.9, S.I. Jashawalal.
8. The accused in his statement U/S 313 Cr.P.C. has alleged that on 2
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