State of Assam Vs. Ramen Dowarah
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Head Note
Indian Penal Code,1860 - Section 376 , Section 302 , Section 304
Rape - Murder - Nature of Offence - No circumstance brought on record to indicate that it was a case of any exception, to take it out from the realm of section 300 IPC -Doctor has opined that the injuries were dangerous to life and victim was taken in a precarious condition to the doctor PW-9 - She could survive for 2 months, is not the test - It is a case where accused clearly intended to kill deceased after committing the crime so as to silence her - The overall circumstances established to the hilt that accused intended to cause death by setting her ablaze after committing forcible sexual intercourse - Submission of the counsel appearing on behalf of the accused that the accused poured kerosene oil on being threatened disclosure of the incident by victim to her mother, was the cause of setting her ablaze - Aforesaid conduct does not exculpate but indicates the intendment of accused to cause death and makes him liable for punishment under section 302 IPC - The act was done with the intention of causing death - The intention to kill is present in the case and the act amounts to murder - Judgment and order partly allowing the appeal by the High Court liable to be set aside and the judgment and order of conviction and sentence passed by the trial court restored.
Indian Penal Code,1860 - Section 376 , Section 302
Rape - Dying Declaration - PW-10, Judicial Magistrate had recorded the dying declaration of the deceased under section 164 Cr.P.C. in which she has clearly stated that accused 'R' had committed sexual intercourse with her and on being told that she would disclose the incident to her mother, after pouring kerosene oil on her, she was set ablaze - Minor brother had witnessed the incident by peeping from the slit of door and victim also survived for some time to narrate the incident - High Court erred in law in acquitting the accused 'R' from commission of the offence under section 376 IPC - Circumstances, the oral evidence and dying declarations of the deceased unerringly pointed out that it was not a case of consensual sexual intercourse - Dying declarations have to be read together immediate conduct of victim takes it out to be a case of consensual sexual intercourse - Accused has denied in toto the commission of offence in the statement recorded under section 313 Cr.P.C - No hesitation in setting aside the finding of the High Court to the effect that it was a case of consensual sexual intercourse - Finding recorded by the trial court restored.
Topic(s)-Rape - Dying Declaration - Conviction