Case Note & Summary
The appellant, was convicted by the Additional City Sessions Court, Ahmedabad, for the murder of Somabhai Sankabhai Rabari under Section 302 IPC and for an offence under Section 135 of the Bombay Police Act. The prosecution case was that on 11.12.1998, a quarrel occurred between the deceased and the appellant when the appellant threw a half-burnt cigarette into a bucket used by the deceased for washing cups. The next morning, the deceased was found injured near his tea stall. The complainant, Ishwarbhai Sankabhai Rabari (PW-1), brother of the deceased, reached the spot and the deceased told him that the appellant had assaulted him. The deceased repeated this statement while being taken to the hospital, where he was declared dead. The appellant was convicted and sentenced to life imprisonment. His appeal to the High Court was dismissed. The Supreme Court considered whether the High Court erred in dismissing the appeal. The Court examined the evidence, noting that the prosecution relied on the dying declaration made to PW-1, which remained unshaken in cross-examination. The Court also considered the testimonies of PW-4, PW-5, and PW-10, who were declared hostile but consistently deposed to the deceased's presence and injuries at the scene. PW-12, an eyewitness, fully supported the prosecution and his testimony remained unshaken. The Court found that the motive and mens rea were established by the prior quarrel and threat, and the actus reus was proved by the dying declaration and corroborative evidence. The Court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, affirming the conviction and sentence.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 IPC - Oral dying declaration made by deceased to brother (PW-1) on two occasions, immediately after assault and while being taken to hospital, held admissible and reliable as it remained unshaken in cross-examination and was corroborated by other evidence (Paras 9, 12-14). B) Criminal Law - Motive and Mens Rea - Section 302 IPC - Prior quarrel and threat by accused to deceased on preceding night, coupled with proximity of time to assault, establishes motive and intention for murder (Para 12). C) Criminal Law - Hostile Witness - Evidence of hostile witnesses can be relied upon to the extent it supports prosecution case; consistent testimony regarding deceased's presence and injuries at scene is admissible (Paras 8, 13.1). D) Criminal Law - Benefit of Doubt - Conviction based on credible dying declaration and corroborative evidence, despite some hostile witnesses and procedural lapses, does not warrant benefit of doubt (Paras 10, 15).
Issue of Consideration
Whether the High Court erred in dismissing the appeal filed by the appellant against conviction under Section 302 IPC and Section 135 Bombay Police Act.
Final Decision
Appeal dismissed. Conviction and sentence under Section 302 IPC and Section 135 Bombay Police Act affirmed.
Law Points
- Dying declaration
- Motive
- Mens rea
- Actus reus
- Hostile witness
- Benefit of doubt
