Dying declaration and eyewitness testimonies play key roles in affirming life imprisonment for accused who suspected wife's fidelity.
In a significant judgment delivered by the Karnataka High Court, the conviction of Asif, accused of murder under Section 302 of the Indian Penal Code, has been upheld. The Division Bench, comprising Justices H.P. Sandesh and Venkatesh Naik T, affirmed the life sentence imposed by the XXVI Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru, based on substantial evidence including a dying declaration and consistent eyewitness accounts.
The prosecution's case revolved around the incident that occurred on October 20, 2019, when Asif, driven by suspicion over his wife's alleged illicit relationship with the deceased, Imran Ali, doused him in petrol and set him ablaze. The attack occurred in public view near a tea stall at Nagavara Main Road, Bengaluru. Imran succumbed to his injuries four days later, on October 24, 2019.
Central to the prosecution's case was the dying declaration made by the deceased, recorded by the Investigating Officer in the presence of a doctor, which the court found to be credible and admissible. The court noted that the declaration was consistent, voluntary, and made in a fit state of mind, as testified by the attending doctor.
Eyewitness testimonies further corroborated the sequence of events leading to the deceased's death. Despite challenges from the defense regarding the reliability of these witnesses, the court found no material contradictions in their accounts. The defense's argument for acquittal, based on lack of CCTV evidence and seizure of the accused's motorcycle, was deemed insufficient, given the direct eyewitness evidence available.
The court also considered the motive, substantiated by testimonies from the accused's wife and others, which established that Asif suspected his wife's fidelity, leading to the tragic incident.
The High Court underscored the gravity of the offense, stating that the sentence of life imprisonment was commensurate with the heinous nature of the crime. The court dismissed the appeal, affirming that the trial court had not erred in its judgment or sentencing.
Bottom Line:
Section 302 IPC - Conviction for murder upheld - Dying declaration recorded by Investigating Officer in presence of Doctor found admissible - Eyewitness testimonies and FSL report corroborated the prosecution's case - Motive established through evidence of accused suspecting fidelity of wife.
Statutory provision(s): Indian Penal Code, 1860 Section 302, Criminal Procedure Code, 1973 Section 161, Evidence Act, 1872.
Asif v. State of Karnataka, (Karnataka)(DB) : Law Finder Doc id # 2858628
