MEHIBOOBSAB ABBASABI NADAF versus STATE OF KARNATAKA

Citation: [2007] 8 S.C.R. 713 · Decided: 01-08-2007 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

MEHIBOOBSAB ABBASABI NADAF 
A 
v. 
3TATE OF KARNA TAK.A 
AUGUST l, 2007 
[S.B. SINHA AND H.S. BEDI, JJ.] 
B 
Penal Code, 1860: 
s.302134-Death of a woman allegedly caused by her husband and 
parents-in-law by setting her ablaze-Four dying declarations of deceased C 
recorded-High Court acquitting parents-in-ldw by giving them benefit of 
doubt but maintaining conviction of husband-Held, conviction can 
indisputedly be based on a dying declaration provided that the same is held 
to have been rendered voluntarily and truthfully-Consistency in dying 
declaration is relevant factor for placing full reliance thereupon-On facts, D 
deceased had taken contradictory and inconsistent stand in different dying 
declarations-Keeping in view the fact that in two of the dying declarations 
she attributed the acts primarily on her parents-in-law and they having been 
acquitted, it cannot be said that husband alone was responsible for causing 
her death-Conviction of husband also set aside. 
Evidence Act, 1972-Dying declaration-Contradiciions and 
inconsistent stands in different dying declarations-Effect of 
The appellant alongwith his parents was prosecuted for allegedly 
causing death of his wife by setting her afire. The prosecution case was that 
E 
the appellant, on his asking and his wife refusing to put on a shirt on their F 
son, got annoyed and thrashed her with a broom stick. When she fell down, 
her parents-in-law poured kerosene on her and ~et her ablaze as a result of 
which she died in the hospitai. On the basis of her four dying declarations, 
the accused were convicted u/s 302/34. In appeal, the High Court acquitted 
the parents-in-law of the deceased giving them benefit of doubt but maintained G 
the conviction of the h•1!.band, who filed the instant appeal. 
On the question: Whether having regard to the contradictory and/or 
inconsistent stands taken by the deceased in her dying declarations, the 
prosecution has established its case against the accused beyond reasonable 
713 
H 
714 
A doubt 
SUPREME COURT REPORTS 
Allowing the appeal, the Court 
[2007) 8 S.C.R. 
HELD: 1.1. Conviction can indisputably be based on a dying declaration. 
But, before it can be acted upon, the same must be held to have been rendered 
B voluntarily and truthfully. Consistency in the dying declaration is the relevant 
factor for placing full reliance thereupon. In this case, the deceased herself 
had taken contradictory and inconsistent stand in different dying declarations, 
which, therefore, should not be accepted on their face value. Caution, in this 
behalf, is required to be applied. (Para 6( (717-C, DJ 
C 
1.2. The deceased had made four dying declarations; two before the 
medical officers, one before the Executive Magistrate and one before the police 
officer. From a bare perusal of these dying declarations, it is evident that 
whereas in one, the victim has attributed the incident to have taken place · 
accidentally, in another, she attributed the act of abusing and setting her oit 
D fire to her parents-in-law and only in one of the dying declarations she 
attributed to all the accused the act of pouring kerosene and lighting the same 
leading to her death. Keeping in view the fact that in two of the dying 
declarations, the deceased attributed the acts primarily to her parents-in-law 
and they having been acquitted, it is difficult to hold that the appellant alone 
was responsible for causing her death. The impugned judgment is, therefore, 
E set aside accordingly. (Para 3,5,7 and 10) [716-A; 717-8, C, E, F; 718-E) 
Mohammed Arshad v. State of Maharashtra & Ors., (2006) 9 Supp. SCR 
359=2006 (12) SCALE 370, relied on. 
Maniben WIO Danabhai Tulshibai Maheria v. State of Gujarat, (2007) 
F 7 SCALE 93, distinguished. 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.130 of 
2006. 
From the Judgment & Order 09. l l .2005 of the High Court of Kamataka 
G at Bangalore in Criminal Appeal No. 1827 of2005. 
Kiran Suri, for the Appellant. 
Sanjay R.Hegde, for the Respondent 
H 
The Judgment of the Court was delivered by 
MEHIBOOBSAB ABBASABI NADAF v. ST ATE OF KARNATAKA[S.B. SINHA. J.) 
715 
S.B. SINHA, J. I. Appellant herein is the husband of the deceased A 
---<: 
Hussainbi. They were living at a village known as Dodwad. On 29.05.2004 at 
'about 11.00 a.m., the appellant is said to have asked the deceased to put a 
shirt on their son Inayat. She allegedly did not do so. Appellant is said to 
have assaulted her with a broomstick. S

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