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IN THE HIGH COURT OF ALLAHABAD
KAUSHAL JAYENDRA THAKER, GAUTAM CHOWDHARY, JJ.
Deepak Kalra - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 4437 of 2014
Decided On : 10-02-2021
Dowry Death - Indian Penal Code - Section 302, Section 299, Section 304 Part-I - The judgment discusses the admissibility and reliability of a dying declaration in a dowry death case. It also evaluates the distinction between 'murder' and 'culpable homicide not amounting to murder' under the Indian Penal Code. The court ultimately converts the conviction from Section 302 to Section 304 Part-I of the IPC.
Fact of the Case:
The appellant was convicted under Section 302 of IPC for setting his wife ablaze, resulting in her death. The deceased's dying declaration and the testimony of the minor child were crucial evidence. The court evaluated the admissibility and reliability of the dying declaration and the distinction between 'murder' and 'culpable homicide not amounting to murder' under the IPC.
Finding of the Court:
The court found that the appellant was responsible for causing the death of the deceased based on the dying declaration and corroborating testimony. However, it re-evaluated the conviction and converted it from Section 302 to Section 304 Part-I of the IPC.
Issues: Admissibility and reliability of dying declaration, distinction between 'murder' and 'culpable homicide not amounting to murder' under the IPC, re-evaluation of the conviction under Section 302 of IPC.
Ratio Decidendi: The court emphasized the importance of evaluating the dying declaration and its corroboration, as well as the distinction between 'murder' and 'culpable homicide not amounting to murder' under the IPC. It ultimately re-evaluated the conviction based on these considerations.
Final Decision: The court substituted the life imprisonment with 10 years rigorous imprisonment and reduced the fine, ultimately allowing the appeal and setting the accused free if not wanted in any other case.
JUDGMENT :
Kaushal Jayendra Thaker, J.
1. By way of this appeal, the appellant has challenged the Judgment and order dated 26.9.2014 passed by court of Ist Additional Session Judge, Court No.1, Saharanpur in Sessions Trial No.81 of 2009, State Vs. Deepak Kalra arising out of Case Crime No.615 of 2008 under Sections 302 I.P.C., Police Station Sadar Bazar, District Saharanpur whereby the accused-appellant was convicted under Section 302 of IPC and sentenced to imprisonment for life with fine of Rs.5,000/- and in case of default of payment of fine, to undergo further rigorous imprisonment for two years.
2. The factual data which is culled out from the record is that the accused on 20.9.2008, deceased Pooja was married to Deepak Kumar namely accused-appellant. Deepak had lost lot of money in the business, and, therefore had taken to liquor and used to demand money from his in-law. The accused tired to set his wife ablaze on the date of incident. The deceased had come back to the matrimonial home with her father-in-law who had assured his parents that she would be kept well, but she was set ablaze within two days of returnings by the accused is her dying declaration. They had altercation and quarrel on the said date also is what is stated in her dying declarations, she conveyed in her dying declaration that her mother-in-law, brother-in-law and father-in-law were not responsible for the incident. The brother-in-law had brought her to the hospital. The investigation was conducted and the accused was charge sheeted.
3. The accused was committed to the Court of sessions as it was sessions triable case. Accused being brought before session judge, the learned sessions judge framed charges on 19.3.2009 under Section 302 of IPC.
4. The prosecution so as to bring home the charges examined eleven witnesses, who are as under:-
| 1. | Deposition of Sushma Bajaj | P.W.1 |
| 2. | Deposition of Deepansh | P.W.2 |
| 3. | Deposition of Ashok Kumar | P.W.3 |
| 4. | Deposition of Dr. Naresh Chandra | P.W. 4 |
| 5. | Deposition of Narendra Pal Singh | P.W. 5 |
| 6. | Deposition of Bulaki Ram Verma | P.W. 6 |
| 7. | Deposition of J.K. Tomar | P.W.7 |
| 8. | Deposition of Desh Deepak Singh | P.W.8 |
| 9. | Deposition of Balbir Singh | P.W.9 |
| 10. | Deposition of I.B.P. Mishra | D.W.1 |
| 11. | Deposition of Sanjay Kalra | D.W.2 |
5. In support of the ocular version of the witnesses, following documents were produced and contents were proved by leading evidence:
| 1. | F.I.R. | Ext. Ka-2 |
| 2. | Written report | Ext. Ka-1 |
| 3. | Dying declaration | Ext.Ka-8/22/9 |
| 4. | Recovery of memo of match box, bottle & cap of cold drink | Ext. Ka-20 |
| 5. | Recovery memo of half shirt | Ext. Ka-21 |
| 6. | Injury report | Ext. Ka-6 |
| 7. | Bed head ticket | Ext. Ka-7 |
| 8. | P.M. Report | Ext. Ka-10 |
| 9. | Panchayatnama | Ext. Ka-11 |
| 10. | Charge-sheet (Mool) | Ext. Ka-16 |
| 11. | Site Plan with Index | Ext. Ka-19 |
6. The minor child Deepansh-PW-2 who is son of accused as well as son of the deceased has deposed that since six months, they were staying with their aunt. The deceased was taken to the matrimonial home, by the grand father according to the child. The minor child has accepted in his testimony that he had conveyed to the maternal aunt that his father and grand father had set his mother ablaze and father had taken her to the hospital. He has withstood the cross examination also.
7. Learned counsel appearing on behalf of accused-appellant has relied on the decisions in Khushal Rao Vs. State of Bombay, AIR 1958 S.C. 22, State of Madhya Pradesh Vs. Ramesh
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