Case Brief: Gopal v State of Karnataka

FACTS:
On 29.12.1998 at about 5 p.m., the appellant-accused poured kerosene on the body of his wife, Mallavva and set her on fire. It has come in the evidence that Mallavva was immediately taken to the hospital by PW-8 Nagavva and PW-15 Sushila and she was treated by PW-5 – Dr. Noor Ahmed. PW-5 is said to have intimated to the police station  on which PW-13  PSI Ravi came there  and recorded her dying declaration. In that dying declaration, the deceased has clearly alleged that the accused used to drink liquor and quarrel with her. He also used to assault the deceased in a drunken state. On 29.12.1998, accused had given Rs. 200/- to her for purchase of ration. He immediately took back Rs. 100 out of Rs. 200/-. She purchased the ration of the remaining amount of Rs. 100/-. At about 5 p.m., on the same day, accused returned to the house and demanded Rs. 100/- from her. Thereupon, the deceased told the accused that she had already purchased the ration but the accused asked her to return the ration and get him Rs. 100/- back. On her refusal, the accused became angry and tied her hands and poured kerosene on her body and set her ablaze. On 19.1.1999, Mallavva succumbed to the injuries.
The appellant- Gopal challenges his conviction under Section 302 I.P.C. in this appeal.
HELD:
The Apex Court stated that the findings of the trial court as well as of the High Court that the dying declaration can be made the sole basis for the conviction of accused is a correct inference drawn by the Courts.
Mr. Ram Lal Roy, learned counsel appearing  for the accused pointed out that the investigating officer did not make   any   attempt   to   get   recorded   the   second   dying declaration of the deceased  by a Magistrate.  The Court held it to be true and further added that it would   have   been   better   if   the   investigating officer   had   made   an   attempt   to   get   recorded   the   second dying declaration of the deceased  by a Magistrate. But, in the opinion of the bench, the dying declaration recorded by PW-13 and supported by PW-5- Dr. Noor Ahmed and  the  endorsement made by him to the effect  that the deceased was in a fit mental condition to depose before the police convinced the Court that the dying declaration itself was a good dying declaration and could have been acted upon.
Hence, the petition was dismissed.