Allahabad Court Converts Dowry Death Conviction to Culpable Homicide
On 12 July 2023, In a significant ruling, the Hon’ble Court converted a dowry death conviction to culpable homicide, bringing relief to the appellant. The judgment, delivered by Hon’ble Umesh Chandra Sharma, J. and Hon’ble Dr. Kaushal Jayendra Thaker, J., highlighted the importance of scrutinizing dying declarations and the distinction between murder and culpable homicide.
The Court observed, “A dying declaration has to be subjected to very close scrutiny, but once it is deemed truthful and reliable, it can form the sole basis for conviction.” Emphasizing the reliability of dying declarations, the Court referred to various precedents, including the case of Krishan vs. State of Haryana [(2013) 3 Supreme Court Cases 280].
The case revolved around an allegation that the appellant, accused of setting his wife ablaze, was motivated by a quarrel rather than a dowry demand. The trial court had initially deemed it a case of dowry death. However, the appellant’s counsel argued that the dying declaration clearly stated that the wife was set ablaze due to a quarrel with her husband, not because of a dowry demand.
The Court acknowledged the importance of the dying declaration, stating, “The dying declaration made by the deceased would prevail upon the statements of the witnesses and the evidence recorded by the Investigating Officer.” The Court further noted that the appellant himself extinguished the fire and promptly admitted the deceased to the hospital.
After a comprehensive examination of the facts, medical evidence, and relevant legal principles, the Court concluded that the appellant had no intention to kill the deceased. Instead, the act fell under the purview of culpable homicide, as outlined in Section 304 Part-I of the Indian Penal Code (IPC). The Court held, “The offence would be punishable under Section 304 Part-I IPC because the burn injuries were caused to the deceased by the appellant with the intention to cause bodily injuries likely to cause death.”
Allahabad High Court converted the appellant’s conviction and reduced the sentence to the period already served. The Court imposed a fine, as prescribed under the law.
Mritunjaya @ Tinku vs State of U.P.
