NAJJAM FARAGHI ALIAS NAJJAM FARUQUI versus STATE OF WEST BENGAL

Citation: [1997] SUPP. 5 S.C.R. 148 · Decided: 18-11-1997 · Supreme Court of India · Bench: M.M. PUNCHHI · Disposal: Dismissed

Judgment (excerpt)

A 
B 
NAJJAM FARAGHI ALIAS NAJJAM FARUQUI 
v. 
STATE OF WEST BENGAL 
NOVEMBER 18, 1997 
[M.M. PUNCHHI AND M. SRINIVASAN, JJ.) 
Indian Penal Code, 1860-Section 302-Murder-accused setting his 
wife on fire-Dying declarations recorded-Dying declarations accusing the 
C husband-Mental condition of the deceased sufficiently good-Post mortem 
report holding the death as homicidal in nature-Conviction and sentence 
justified. 
Indian Evidence Act, 1872: Section 32-Dying declaration-Deceased 
lived/or more then twenty days after making dying declarations-Validity of 
D -Held, dying declaration does not loses its value if the person lives for a 
longer time than expected. 
E 
F 
The appellant was convicted for an offence under Sec. 302 of Indian 
Penal Code, 1860 and was sentenced to imprisonment for life and a fine of 
Rs. 5,000 was imposed. 
The prosecution case was that the appellant poured kerosene oil over 
his wife and set her on fire. She was admitted in the hospital where her 
statements were recorded, one by Sub-Inspector Police and another by a 
' 
Magistrate. In both the statements the deceased had accused her husband of 
having set her on fire. Both the trial Court and High Court, relying upon 
her statements and the evidence of the post mortem examiner, came to the 
conclusion that the death was homicidal. Hence the present appeal. 
The contention of the appellant was that the two statements recorded 
by the Sub-Inspector of Police and the Magistrate cannot be considered as 
G dying declaration as the deceased thereafter lived for twenty days or more. 
It was also contended that in the first instance the case was registered under 
Sec. 306 l.P.C. When the charges were framed it was under Sec. 302 IPC. 
Afte; examination of witnesses, Court framed an alternative charge under 
Sec. 306 IPC. Thus the prosecution was in confusion as to whether the 
H appellant was guilty under Sec. 302 IPC or under Sec. 306 IPC. 
148 
-
NAJJAM FARAG Ill ALIAS NAJJAM FARUQUI 1·. STATE OF WEST BENGAL 
J49 
Dismissing the appeal, this Court 
A 
HELD: 1.1. The death could not have been suicidal and it was nothing 
but homicidal. The Courts below were justified in convicting the appellant 
for an offence under Sec. 302 IPC and in sentencing him to imprison~ent 
for life. (151-D-E; 152-BI 
1.2. The mere fact that the case was registered initially under Sec. 306 
l.P.C. and later, after examination of witnesses an alternative charge under 
the same section was framed will not vitiate the proceedings or the conclusion 
B 
of the Courts below. The post mortem examiner has stated that death was 
homicidal in nature and not a suicidal death. Nothing could be elicited in the 
cross examination to discredit the aforesaid opinion. Both the Courts have C 
accepted his evidence and came to the conclusion that the case falls under 
Sec. 302 IPC. Thus there is no justification for taking a different view. 
1151-C-E; 152-BI 
2.1. The Dying declaration does not lose its value if the person lives 
for a longer time than expected. Thus there is no merit in the contention that D 
the deceased lived long after making the dying declaration and therefore 
those statements have no value. The proviso of Sec. 32 of Evidence Act were 
overlooked. No doubt it has been pointed out that when a person is expecting 
his death to take place thereby he would not be indulging in falsehood. But 
that does not mean that such a statement loses its value if the person lives E 
for a longer time than expected. jl52-F-HI 
2.2. If there is nothing on record to show that the statements would not 
have been true or if the other evidence on record corroborates the contents 
of the statements, the Court can certainly accept the same and act upon it. 
In the instant case both the Courts have discussed the entire evidence on F 
record and found that two dying d.eclarations are acceptable. The records 
also show that the mental condition of the deceased was sufficiently good to 
give a statement to the Magistrate. (153-A-BJ 
Kanchy Momuramma v. State of Andhra Pradesh, ft 9951 Supp. 4 SCC 
118, cited. 
G 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 68 of 
1992. 
From the Judgment and Order dated 20.8.91 of the Calcutta High Court 
in Crl. A. No. 286 of 1987. 
H 
150 
SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R. 
A 
Uma Datta for the Appellant. 
D.K. Sinha for Mis. Sinha & Das for the Respondent. 
The Judgment of the Court was delivered by 
B 
SRINIVASAN, J. The appellant is c

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