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2017 Supreme(UK) 224
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Rajiv Sharma, Sharad Kumar Sharma, JJ.
Narayan Dutt Joshi – Appellant
Versus
State of Uttarakhand – Respondent
Criminal Appeal No. 314 of 2012
Decided On : 14-07-2017
For the Appellant : Mr. Devesh Upreti.
For the Respondents: Mr. D.K. Sharma and Mr. N.S. Kanyal.
Headnote:
The court upheld the conviction of the accused for the offences punishable under Sections 302, 323, 504 and 498A of IPC. The court relied on the dying declarations of the deceased, which were recorded by the police and the magistrate, to establish the guilt of the accused. The court also considered the medical evidence and the testimony of the witnesses to corroborate the dying declarations. The court rejected the defence of the accused that the deceased had committed suicide.
Fact of the Case:
The accused was charged with and tried for the offences punishable under Sections 302, 323, 504 and 498A of IPC. He was convicted and sentenced to undergo imprisonment for life with fine of Rs. 10,000/- under Section 302 IPC and in case of default of payment of fine, to undergo imprisonment for a further period of six months. He was further sentenced to undergo two years rigorous imprisonment with fine of Rs. 2,000/- under Section 498A IPC and in case of default of payment of fine, to undergo imprisonment for a further period of two months. He was also sentenced to undergo two years rigorous imprisonment under Section 504 IPC and he was also sentenced to undergo one year rigorous imprisonment under Section 323 IPC. All the sentences were ordered to run concurrently.
Finding of the Court:
The court found that the accused had poured kerosene oil on the deceased and set her on fire. The court also found that the accused had harassed and tortured the deceased for dowry. The court held that the accused was guilty of the offences punishable under Sections 302, 323, 504 and 498A of IPC.
Issues: 1. Whether the dying declarations of the deceased were admissible in evidence. 2. Whether the medical evidence and the testimony of the witnesses corroborated the dying declarations. 3. Whether the defence of the accused that the deceased had committed suicide was tenable.
Ratio Decidendi: 1. The court held that the dying declarations of the deceased were admissible in evidence as they were made in the presence of the police and the magistrate and the deceased was in a fit state of mind to make the statements. 2. The court held that the medical evidence and the testimony of the witnesses corroborated the dying declarations. 3. The court held that the defence of the accused that the deceased had committed suicide was not tenable as there was no evidence to support this defence.
Final Decision: The court upheld the conviction of the accused for the offences punishable under Sections 302, 323, 504 and 498A of IPC.
Rajiv Sharma, J.
1. This Criminal Appeal is instituted against the judgment dated 29.08.2012 and order dated 30.08.2012 rendered by learned Sessions Judge, Pithoragarh in Sessions Trial No. 17 of 2011 whereby accused/appellant was charged with and tried for the offences punishable under Sections 302, 323, 504 and 498A of IPC. He was convicted under Sections 302, 323, 504 and 498A of IPC. The trial court has sentenced the accused/appellant to undergo imprisonment for life with fine of Rs. 10,000/- under Section 302 IPC and in case of default of payment of fine, to undergo imprisonment for a further period of six months. He was further sentenced to undergo two years rigorous imprisonment with fine of Rs. 2,000/- under Section 498A IPC and in case of default of payment of fine, to undergo imprisonment for a further period of two months. He was also sentenced to undergo two years rigorous imprisonment under Section 504 IPC and he was also sentenced to undergo one year rigorous imprisonment under Section 323 IPC. All the sentences were ordered to run concurrently.
2. The case of the prosecution, in a nutshell, is that PW-1 Dipti Joshi has lodged first information report on 28.06.2011 to effect that on 27.06.2011 at 11.30 p.m. they were in their house. Her father was quarrelling with her mother. He poured kerosene oil on her mother and put her on fire. She tried to save her mother but her father started beating her. Her mother received severe burn injuries. The neighbours reached at the spot and put off the fire. Her mother was admitted in the hospital. She died on 04.07.2011. She had made two dying declarations, one on 28.06.2011 and another on 30.06.2011. These dying declarations were taken by PW-4 Naresh Durgapal. The post mortem was conducted by PW-5 Dr. Tribhuwan Prasad. The matter was investigated and Challan was put up before the Court after completing all the codal formalities.
3. The Prosecution, in order to prove its case examined as many as eight witnesses.
4. Thereafter, the statement of the accused/appellant was recorded under Section 313 Cr.P.C. He has denied the case of the prosecution and claimed to be tried. According to him, he used to be in tension due to his daughter Dipti. His wife used to take side of his daughter. His wife was also responsible for his son going astray. He left his study. He used to remain hungry. His wife has committed suicide. Accused/appellant was convicted and sentenced as noted hereinabove. Hence the present criminal appeal.
5. Learned Advocate appearing for the accused/appellant, has vehemently argued that the prosecution has failed to prove its case against the accused/appellant.
6. Learned Senior Addl. Advocate General appearing for the State, has supported the impugned judgment dated 29.08.2012 and order dated 30.08.2012.
7. We have heard learned counsel for the parties and gone through the judgment and record carefully.
8. PW-1 Dipti is the daughter of the accused/appellant. She testified that on 27.06.2011 between 10-11 p.m. she was with her parents in the house. Her father was abusing her mother and her. He started beating them. She left for her room. After sometime, she heard cries of her mother. A jar of kerosene oil was in the hand of her father. It was smelling of kerosene oil. Her father poured kerosene oil on her mother and put her on fire. She tried to put off fire and cried, and then her brother also came there. Her father also started beating them. Ambulance was summoned. Her mother was taken to hospital. On 28.06.2011 police had taken case property i.e. one piece of mat, burnt Chiffon Saree, ashes, one yellow jar with agmark of Rahul brand. She also deposed that her mother died on 04.07.2011 in District Hospital. She denied the suggestion that she had not seen her father putting her mother on fire. She tried to put off fire by throwing water. Her mother was in position to speak in hospital. She denied the suggestion that her father used to quarrel with her mother due to
