SULTAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) Appellants, Noori - sister-in-law of the deceased Khushboo, and Sultan Akhtar - husband of Noori, have been convicted under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860(For Short, "IPC".) and sentenced to undergo imprisonment for life, pay fine of Rs.30,000.00 and in default to undergo additional imprisonment for one year.

(3.) The impugned judgment dtd. 11/1/2021 passed by the High Court of Judicature at Allahabad, dismissed the appeal and upheld their conviction by relying on the dying declaration marked as Exhibit Ka-3, statedly recorded on 28/5/2011 at 6.20 P.M. by Satish Kumar Kushwaha, the Naib Tehsildar, who had deposed as PW-5. As per the dying declaration, the incident had occurred at about 1.0/1/30 p.m., when Ashraf, husband of Khushboo, had gone to the city to procure articles for their children. Noori, Sultan and Rukhsana (mother-inlaw) had poured kerosene oil on Khushboo and had set her on fire. Noori and Rukhsana believed that Khushboo was characterless, and they would often tell Khushboo to leave the house. For this reason, Noori and Rukhsana would daily quarrel with her. Khushboo had got married to Ashraf 7 years back, and her husband was not involved in setting her on fire. On being set to fire, Khushboo had shouted and the neighbours came to save her.