Dying declaration of the victim pivotal in affirming husband’s conviction; father-in-law acquitted due to lack of evidence.
In a significant judgment, the Allahabad High Court has upheld the conviction of Suhail, accused of murdering his wife, Sanno, by setting her on fire, while acquitting his father, Tufail, who was also implicated in the case. The division bench comprising Justices J.J. Munir and Vinai Kumar Dwivedi delivered the verdict, emphasizing the reliability of the victim's dying declaration.
The case, which dates back to November 16, 2017, involved Suhail pouring kerosene on his wife, Sanno, and setting her ablaze due to her inability to conceive and her knowledge of his extramarital affair. Sanno’s statement, recorded by a Naib Tehsildar and corroborated by medical certification of her consciousness and mental fitness, was found to be voluntary, truthful, and free from any influence, forming the sole basis for Suhail's conviction under Sections 302 and 498A of the Indian Penal Code (IPC).
The victim’s dying declaration was critical in affirming Suhail's guilt, despite the fact that prosecution witnesses, including Sanno's mother, turned hostile during the trial. The court observed that the dying declaration was recorded in the presence of medical professionals who confirmed Sanno's capability to make a conscious and coherent statement.
Conversely, the court found the evidence against Tufail, the father-in-law, insufficient for conviction. It was established that Tufail lived separately and had no direct involvement in the harassment or cruelty towards Sanno. Consequently, his conviction under Section 498A IPC was overturned.
This judgment reiterates the judiciary's reliance on dying declarations in criminal jurisprudence, highlighting the conditions under which such statements can serve as a standalone basis for conviction. The court dismissed Suhail’s appeal, upholding his life sentence for murder, while Tufail was acquitted and released from all charges.
The judgment underscores the importance of meticulous judicial scrutiny in cases hinging on a victim's last words, emphasizing that such declarations must inspire confidence in their truthfulness and voluntariness to warrant a conviction.
Bottom line:-
Dying declaration recorded by a competent authority and corroborated with medical certification of consciousness and mental fitness of the declarant can form the sole basis for conviction if found truthful, voluntary, and free from tutoring or prompting.
Statutory provision(s): Indian Penal Code, 1860 Sections 302, 498A, 304B; Section 3/4 Dowry Prohibition Act; Section 161 Cr.P.C.; Section 313 Cr.P.C.
Suhail v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2933260
