2015 (4) TMI 1336 - SC - Indian Laws

Murder or culpable homicide - appellant pleaded that the fire was accidental - case of appellant is that Appellant went out to answer nature's call and when he returned, he saw his wife coming out of the house ablaze and the Appellant immediately rushed and tried to extinguish the fire due to which his hands also got burnt - whether the act of the accused pouring water would mitigate the offence of murder? - HELD THAT - Where the intention to kill is present, the act amounts to murder, where such an intention is absent, the act amounts to culpable homicide not amounting to murder. To determine whether the offender had the intention or not, each case must be decided on its facts and circumstances. From the facts and circumstances of the instant case, it is evident that (i) there was a homicide, namely the death of Saraswatibai; (ii) the deceased was set ablaze by the Appellant and this act was not accidental or unintentional; (iii) the post mortem certificate revealed that deceased died due to shock and septicaemia caused by 60% burn injuries. When the accused poured kerosene on the deceased from the kerosene lamp and also threw the lighted matchstick on the deceased to set her on fire, he must have intended to cause the death of the deceased - When there is clear evidence as to the act of the accused to set the deceased on fire, absence of pre-meditation will not reduce the offence of murder to culpable homicide not amounting to murder. Likewise, pouring of water will not mitigate the gravity of the offence. Upon analysis of the evidence adduced by the prosecution, courts below recorded concurrent findings that the accused caused the death of deceased Saraswatibai and convicted the Appellant. It is well settled that concurrent findings of fact cannot be interfered with unless the findings are perverse and unsupportable from the evidence on record - the appeal fails and is dismissed.

Summary

Issues:
1. Appeal against conviction under Section 302 of the Indian Penal Code.
2. Allegation of intentional killing of the deceased by setting her ablaze.
3. Examination of evidence to establish guilt beyond reasonable doubt.
4. Consideration of intention and pre-meditation in the act leading to the death.
5. Comparison with precedent cases to determine the appropriate legal classification of the offense.
6. Application of the law in cases of bride burning and the need for stern punishment as a deterrent.

Detailed Analysis:

Issue 1: Appeal against Conviction under Section 302 IPC
The appeal arose from the judgment of the Nagpur Bench of the Bombay High Court, which affirmed the conviction of the Appellant under Section 302 IPC and the imposition of a life sentence by the trial court. The Appellant challenged the correctness of the High Court's decision.

Issue 2: Allegation of Intentional Killing
The prosecution's case revolved around the intentional killing of the deceased by the accused, who suspected her fidelity. The accused assaulted the deceased, poured kerosene on her, and set her ablaze, resulting in her death. The defense contended that the act was accidental and that the accused tried to extinguish the fire to save her.

Issue 3: Examination of Evidence
The prosecution presented witnesses and evidence, including the dying declaration of the deceased, to establish the guilt of the accused. The courts below found the evidence compelling and convicted the Appellant under Section 302 IPC based on the proof beyond reasonable doubt.

Issue 4: Intention and Pre-meditation
The defense argued that there was no pre-meditation and no intention to kill on the part of the Appellant. However, the courts held that the act of setting the deceased on fire intentionally, without provocation, demonstrated the intent to cause death, leading to the conviction under Section 302 IPC.

Issue 5: Comparison with Precedent Cases
The defense cited a precedent case to support the argument that the act of trying to extinguish the fire could mitigate the offense. However, the court distinguished the present case from the precedent, emphasizing the absence of inebriation and the accused's full awareness of the consequences of his actions.

Issue 6: Application of the Law in Bride Burning Cases
Considering the societal impact and gravity of bride burning cases, the court highlighted the need for stringent punishment as a deterrent. The court emphasized the duty to deal sternly with such offenses when guilt is established beyond reasonable doubt.

In conclusion, the Supreme Court dismissed the appeal, upholding the concurrent findings of the lower courts based on the evidence presented. The judgment reiterated the importance of addressing crimes against women and the need for strict punishment in such cases to eradicate societal evils.