LexSHAIK NAGOOR versus STATE OF A.P. TH. PUB. PROSECUTOR HIGH COURT OF A.P., HYDERABAD
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.J [2008] 3 S.C.R. 75 SHAIK NAGOOR v. STATE OF A.P. TH. PUB. PROSECUTOR HIGH COURT OF A.P., HYDERABAD (Criminal Appeal No. 346 of 2008) FEBRUARY 20, 2008 [DR. ARIJIT PASAYAT AND P. SATHASIVAM, JJ.] Penal Code, 1860 - ss. 354 and 448 - Conviction under A B - By courts below - On the basis of dying declarations - On c appeal, held: Conviction justified -- Veracity of dying declarations not doubtful - Dying Declaration. Appellant-accused was charged u/ss. 354, 448 and 306 IPC. Two dying declarations were given by the '- deceased one before a Judicial Officer (PW-7) and the D other before a Head Constable (PW 10). Trial court convicted the appellant for all the offences he was charged. High Court acquitted him u/s 306 while upheld the conviction u/ss. 354 and 448. Sentence u/s 354 was reduced to two years from three years. Hence the present E appeal. Dismissing the appeal, the Court HELD: There is no reason to doubt the veracity of the dying declarations especially since there is F consistency between them. So far as the practicability of the deceased giving dying declaration is concerned it is significant that the Additional Senior Civil Judge (PW-7) and the constable (PW 10) have described in detail as to what the deceased has stated to each one of them. There G was not even any suggestion to either of the witnesses that the deceased was not in a fit condition to give any statement as claimed. That being so, it cannot be said that the deceased was not in a physical condition to give a 75 H 76 SUPREME COURT REPORTS (2008] 3 S.C.R. "' A statement. The Trial Court and the High Court have analysed the evidence of these witnesses and the statements made in the dying declaration referred to above to hold the accused guilty. [Paras 7, 12 and 13] [78-B; 81-F, G; 82-A] B Narain Singh v. State of Haryana 2004 (2) SCR, 115; Babula/ v State of M.P 2003 (12) SCC 490; Ravi v. State of TN. 2004 (10) SCC 776; Muthu Kuttu v. State 2005 (9) SCC 113 - relied on. c CRIMINALAPPELLATE JURISDICTION : Criminal Appeal No. 346 of 2008. From the final Judgment and Order dated 7.3.2007 of the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal No. 472/2004. D ~ Ananga Bhattacharya, D Julius Riamei and Sridhar Potaraju for the Appellant. D. Bharathi Reddy for the Respondent. E The Judgment of the Court was delivered by Dr. ARIJIT PASAYAT, J. 1. Leave granted. 2. Challenge in this appeal is to the judgment of a learned Single Judge of the Andhra Pradesh High Court. By the .... F impugned judgment conviction of the appellant for offences punishable under Sections 354 and 448 of the Indian Penal Code, 1860 (in short the 'IPC') was upheld, but the conviction for offence punishable under Section 306 IPC was set aside. However the sentence of three years imprisonment for offence punishable under Section 354 IPC which was imposed by the G trial court was reduced to two years. The sentence of six months imprisonment and fine for offences relatable to Section 448 IPC were maintained by the High Court. -4 3. Prosecution version in a nutshell is as follows: H Shaik Khasim Bee (hereinafter referred to as the ) SHAIK NAGOOR v. STATE OF A.P. TH. PUB. PROS. 77 HIGH COURT OF A.P., HYDERABAD [PASAYAT, J.] 'deceased') is daughter of Shaik Nagoor (PW5) and Shaik A Nazer Bee (PW 1 ). Accused, Sliaik Nagoor was at the relevant point of time the tenant in their house at Singhnagar, Vijayawada. Accused as a tenant in a small hut in the same compound of the house of PW 1. It appears that accused was soliciting the deceased for sexual intercourse. On 12.11.1999around1.00 B pm. PW 1 and .the deceased went for Namaz and thereafter deceased returned home while PW-1 was coming behind after talking to one Kursheed begum for some time. When the deceased came home and went into middle portion of the house, which was vacant for collecting dried clothes, accused c allegedly came behind, caught hold of her, and when she threatened him saying that she would complain to her mother about the acts of the accused, he in turn replied that he himself, would complain to her mother saying that she herself called him and thereby, would defame her and her family. Feeling disturbed 0 and suffering from emotional turmoil, deceased went into room, poured kerosene and set fire to herself. On receipt of intimation from the Hospital, police of Nunna Rural Police Station, Vi
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