NAJJAM FAROQUI Vs. STATE

JUDGEMENT

(1.) The appeal is dismissed and the conviction of the accused u/S.302, Indian Penal Code for committing the murder of his wife and the sentence of imprisonment for life therefor Stand affirmed for the reasons stated succinctly by brother Ray in his judgment appearing hereinafter. Needless to say, I agree with his reasonings and concur in his judgement.

(2.) The learned counsel for the accused-appellant in his strenuous endeavour to assail the conviction for murder u/S. 302 virtually went to the length of conceding that the accused could be convicted only u/S, 306 of the Code for abetting the suicide of his deceased wife, Ray, J., has repelled the contention and for good and weightly reasons. But at any rate, in our Criminal jurisdiction, we may, in a given case, go by the confession of the accused; but never by concession of his counsel as a person must never be convicted, and thus deprived of his personal liberty on such concession alone which, who knows, may be the product of utter misapprehension, even if bona fide.

(3.) If the two dying declarations of the deceased, one recorded by a Police Officer a day after the date of occurrence (Ext. 6), and the other by a Magistrate about eleven days after the incident (Ext. 5), are found to be reliable and to suffer from no legal infirmity, an offence of murder is irresistibly made out against the accused. Both are recorded ipsissima verba in the language of the deceased. Not that such declarations, if recorded in the language of the recorder, is tainted with any infirmity on that score alone; but that, when recorded in the language of the declarant, the same acquires added strength and rliability.