The Rajasthan HC division bench headed by Justice Sabina and Justice Goverdhan Bardhar dismissed an appeal upholding the judgment of the trial court. The instant case had the dying declaration of the respondent, that her husband used to beat her out of her matrimonial house under the influence of liquor. The respondent’s husband named Amin who is also the appellant for the case beat her up on the night of 14/08/2011 and then poured kerosene oil on the respondent and set fire on her. The appellant fled away as the respondent was rushed to the hospital where she died the next day, i.e. on 15/08/2011 at 3.30 AM. The husband had been under the influence of liquor at the time of committing the act. He was booked under Section 164 and 302 of the Penal Code, 1860.
During the course of proceedings, the appellant stated that he had no knowledge of how the fire had started and mentioned that it was probably an accident during cooking. The children supported the fact that Amin had tried to douse the fire and the medical report confirmed that he had received burns while trying to put out the fire. The parents of the deceased admitted that thee deceased had never complained against the husband under any circumstances.
The HC referred to the case of Muthu Kutty v. State of T.N. where the SC had held that a dying declaration is extremely sacred as it is free from any malicious teaching and intent and must thus be paid the utmost importance and attention to. The HC held that the dying declaration was by all means legal as it had been recorded by the magistrate under the provisions under Section 164 of the Code of Criminal Procedure, 1973. It was also noted that the appellant had been absent both during her death and at the time of admitting the patient at the hospital. The medical report submitted was dated 28/09/2011. This brings up a question on the eligibility of the report since the date of the fateful incident was 14/08/2011. Thus the Court established guilt and dismissed the appeal.