Murder by Burning — Sexual Motive — Dying Declaration — Hostile Witnesses — Life Imprisonment — Power of Sessions Court — Remission — Set-off under Section 428 CrPC

Murder by Burning — Sexual Motive — Dying Declaration — Hostile Witnesses — Life Imprisonment — Power of Sessions Court — Remission — Set-off under Section 428 CrPC

1. Conviction — Reliability of dying declaration despite hostile witnesses
   Conviction can be sustained where dying declarations are recorded by a police officer and Magistrate in the presence of a doctor certifying consciousness and coherence, notwithstanding that close relatives of the deceased turn hostile. (Paras 4–7)

2. Medical evidence — Corroboration of homicide
   Medical evidence establishing death due to extensive burns corroborates the prosecution case of homicidal death by burning. (Para 4)

3. Presence and conduct of accused — Flight from scene
   Evidence of accused fleeing from the scene, deposed to by a related witness whose presence is corroborated by others, constitutes a relevant incriminating circumstance. (Para 5)

4. Life imprisonment — Meaning and scope
   A sentence of life imprisonment ordinarily means imprisonment for the remainder of the convict’s natural life, subject to remission and commutation under the CrPC and Articles 72 and 161 of the Constitution. (Paras 9, 15)

5. Sessions Court — No power to impose life imprisonment without remission
   The power to impose a sentence of life imprisonment beyond remission, as evolved in Swamy Shraddananda (2), is confined to Constitutional Courts and cannot be exercised by a Sessions Court. (Paras 13–15)

6. Sessions Court — Cannot curtail statutory set-off under Section 428 CrPC
   A direction by the Sessions Court denying set-off of pre-conviction detention under Section 428 CrPC is illegal and liable to be deleted. (Paras 16–18)

7. Alternate sentencing — Applicability
   Special category sentences fixing a minimum term of imprisonment without remission may be imposed only by the Supreme Court or High Courts and not by trial courts. (Paras 11–15)

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ANALYSIS OF FACTS

1. The deceased, a widow with five children, was set on fire on 01.01.2014 after resisting repeated sexual advances by the accused, a relative by marriage (Paras 2, 4).

2. The victim suffered 60% burn injuries, was treated in multiple hospitals, and succumbed after ten days (Para 4).

3. Close relatives including the father and daughter of the deceased turned hostile, though they admitted the occurrence and hospitalization (Paras 4–5).

4. Two dying declarations were proved:

   • One recorded by a Head Constable (Ex. P-27), and

   • Another recorded by a Magistrate (Ex. P-23) in question-and-answer form, in the presence of a duty doctor (Paras 6–7).

5. The Sessions Court convicted the accused and imposed life imprisonment till the end of natural life, denying remission and set-off under Section 428 CrPC; the High Court affirmed (Paras 3, 8).

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ANALYSIS OF LAW

1. Dying declaration jurisprudence
   A dying declaration, if voluntary, coherent, and medically certified, can form the sole basis of conviction (Paras 6–7).

2. Sentencing powers of trial courts
   Trial courts are bound by the CrPC and cannot curtail statutory or constitutional powers of remission and commutation (Paras 9, 13–15).

3. Special category of sentence
   The doctrine laid down in Swamy Shraddananda (2) and reaffirmed in V. Sriharan restricts the power to impose life imprisonment without remission to Constitutional Courts (Paras 11–15).

4. Mandatory nature of Section 428 CrPC
   Set-off of pre-conviction detention is statutory and cannot be denied by judicial direction (Paras 16–18).

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FINAL RESULT

• Conviction under Section 302 IPC — affirmed.

• Sentence of life imprisonment till the end of natural life and denial of remission — set aside.

• Sentence modified to life imprisonment, subject to remission/commutation as per law.

• Set-off under Section 428 CrPC allowed.

• Sentences under other offences affirmed to run concurrently.

• Appeal partly allowed. (Paras 18–19)