Conviction handed down to husband under section 304-B (Dowry Death) Of the Indian Penal Code, nothing that there were discrepancies in two dying declaration of the deceased wife : Karnataka High Court.
This particular decision is held by the High Court Of Karnataka through the single bench of Justice Mohammed Nawaz in the case of Nazrulla Khan V. The State Of Karnataka.
Facts
The marriage of the victim/Afsana Banu was performed with the accused about 6 years prior to the date of the incident. The accused was addicted to alcohol and he was subjecting the victim to cruelty, both Physical and mental. He used to demand money from her parental home. On 26/11/2015 at about 11:00 P.M , the accused came home consuming alcohol , assaulted the victim and demanded to bring Rs.25,000/- from her parental home. He then told her that she would die and only then could he live happily. It is the further case of prosecution that the accused poured kerosene on the victim and lit,fire due to which, she sustained severe burn injuries and while undergoing treatment at Mc. Gann Hospital, Shivamogga, She died on 11/12/2015 about 1:45 P.M.
Orders and Judgements
The sessions court had by its judgement delivered in September 2018, convicted and sentenced him for offences punishable under Sections 498-A and 304-B of IPC. The court had found him not guilty for charges under section 302 (Murder).
For the offence punishable under Section 498-A, the accused was sentenced to undergo simple imprisonment for a term of 2 years and to pay a fine of `5,000. Under Section 304-B of IPC, the accused was sentenced to undergo rigorous imprisonment for a term of 7 years.
The bench went through the evidence of witnesses and the dying declaration and said,
” There is discrepancy in the multiple dying declarations insofar as the accused poured kerosene and set fire to the victim. The case of the prosecution in that regard has been disbelieved by the trial Court. Further, even insofar as the accused is demanding money from the victim, there is discrepancy.”
It added, “However, the evidence and material on record is sufficient to hold that the accused has committed an offence punishable under Section 498A of IPC.”
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Judgement reviewed by- Mohammed Shoaib
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