Back
2022 Supreme(All) 1118
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANOJ MISRA, SAURABH SRIVASTAVA, JJ.
Bali Singh - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 1833 of 2008
Decided On : 05-08-2022
For the Appellant : A.C. Srivastava, Rajesh K. Sharma, Yogesh Kumar Srivastava.
For the Respondent:Govt. Advocate
The dying declaration, if found reliable and supported by corroborating evidence, can form the sole basis of conviction. Additionally, the court has discretion in sentencing based on the circumstances of the case.
Headnote:
Dying Declaration - Criminal Law - Section 304 IPC - Summary
Fact of the Case:
The appellant was convicted under Section 304 IPC for setting his wife ablaze during a fight, resulting in her death. The dying declaration of the deceased, along with other evidence, established the guilt of the appellant.
Finding of the Court:
The court found that the incident occurred in the appellant's house, the deceased was brought to the hospital with burn injuries, and her dying declaration was reliable and truthful. The court upheld the conviction based on the dying declaration and corroborating evidence.
Issues: The issues revolved around the reliability of the dying declaration, the circumstances of the incident, and the guilt of the appellant.
Ratio Decidendi: The dying declaration, supported by corroborating evidence, was deemed wholly reliable and formed the sole basis of conviction. The court also considered the circumstances of the incident and the absence of premeditated intent to kill in deciding the sentence.
Final Decision: The court affirmed the conviction under Section 304 IPC and reduced the sentence of imprisonment for life to the period already served by the appellant, maintaining the fine and default sentence.
JUDGMENT :
1. We have heard Sri Yogesh Kumar Srivastava for the appellant; Sri J.K. Upadhyay, learned AGA, for the State; and have perused the record.
2. This appeal is against the judgment and order dated 22.02.2008 passed by the Additional District and Sessions Judge, Court No.9, Ghaziabad in S.T. No.787 of 1999, arising out of case crime no.52 of 1999, P.S. Muradnagar, district Ghaziabad, whereby the appellant Bali Singh has been convicted and sentenced under Section 304 IPC to imprisonment for life and fine of Rs.3,000/- coupled with a default sentence of one year.
INTRODUCTORY FACTS
3. A written report (Ex. Ka-3), signed by brother of the deceased, namely, Sunder (PW-5), was submitted at P.S. Muradnagar, district Ghaziabad on 17.02.1999 at 19.30 hrs, giving rise to case crime no. 52 of 1999, under section 308 IPC of which G D Entry No.42 (Ex. Ka-5) and Chik FIR (Ex. Ka-4) was prepared by PW-6. In the written report it was alleged that informant's sister Santosh was married to the appellant Bali Singh about 12 years ago; Bali Singh was addicted to liquor as a result whereof, her sister used to remain worried and for the last three years was staying with the informant; that 6-7 months before the incident, on insistence of mediators, informant's sister (the deceased) returned to her matrimonial home; that on 12.02.1999, at about 11.30 pm, the appellant in an inebriated state poured kerosene over informant's sister and set her ablaze; when she raised an alarm, her Devar Chatar Singh (PW-3) and Devrani Smt. Rajesh (PW-4) broke open the window of her room, saved her and got her admitted at M.M.G. Hospital, Ghaziabad, where she is under treatment.
4. On 17.02.1999, a dying declaration of Smt. Santosh was recorded by Om Pal Singh (PW-8), Naib Tehsildar. The dying declaration (Ex. Ka-5) recites that there was a fight between her and her husband; during that fight, her husband poured kerosene on her and set her ablaze; whereafter, the fire was doused by putting quilt over her; later, her Devar, mother-in-law and father-in-law brought her to the hospital. She stated that she was married 15 years ago and has two children. The fight between her and her husband was on account of consumption of liquor by her husband.
5. During the course of investigation, burnt quilt and Dari were lifted from her matrimonial home of which seizure memo (Ex. Ka-11) was prepared. The initial medical examination report of the victim (Ex. Ka-13), dated 13.02.1999, which was produced by PW-10 indicates that she was brought to the hospital by Atar Singh (to be read as Chatar Singh) son of Ratan at about 1.20 am on 13.02.1999 at M.M.G. Hospital. The injury report (Ex. Ka-13) recites: "superficial to deep burn over face, neck except forehead, and left face and both eyes. Superficial to deep burn on both lower extremities, front and back of chest, and abdomen. Superficial to deep burn on both lower extremities, pelvic region. Singeing of hair present. Peeling off skin present. Blisters present. Smell of kerosene coming from body. Mental condition confused and irritable. General condition low. Blood pressure 90/94. Pulse 100."
6. Santosh died at 10 am on 18.02.1999 in the district hospital, Ghaziabad of which information was sent to the police station concerned at 12.35 hrs.. Inquest was conducted at the hospital on 18.02.1999. It was completed by 15.00 hours and an inquest report (Ex. Ka-1) was prepared, which was witnessed by PW-1 amongst others. Autopsy was conducted at 5 pm on 18.02.1999. The autopsy report (Ex. Ka-2) prepared by Dr. Rajendra Prasad (PW-2) recites ante-mortem injuries as follows:- "Extensive superficial to deep burn all over body except scalp and forehead and lateral aspect of arm and forearm on both side". Cause of death mentioned in the autopsy report is septicaemia due to ante mortem burns. Internal examination of the cadaver revealed gravid uterus (male foetus present 18-20 weeks old). Consequent to the death of Santosh, the case was converted to
