LI Network
Published on: 7 September 2023 at 13:04 IST
The Allahabad High Court recently upheld the conviction of a police officer for the murder of his sister (sororicide).Case Title: Indra Kumar Singh v. State of U.P.
A bench consisting of Justices Attau Rahman Masoodi and Ajai Kumar Srivastava heard the appeal challenging the judgment and order issued by Additional Session Judge, Bahraich, in which the appellant had been convicted under Section 302 and 307 of the Indian Penal Code (IPC).
In this particular case, the complainant, Rakesh Kumar Singh, was in his room while his brother, Umesh Kumar Singh, the son of Deshraj Singh, and Umesh’s wife, Smt. Neelam Singh, were in another room. Indra Kumar Singh, the real brother-in-law of Umesh Kumar Singh and the son of Balram Singh, arrived and began knocking on the door of Umesh’s room.
Hearing the commotion, the complainant left his room, and Umesh opened the door. Upon opening the door, the appellant, Indra Kumar Singh, entered the room and opened fire on Umesh Kumar and Neelam Singh, both of whom sustained gunshot wounds and fell to the ground. During the altercation, the appellant fired a shot that struck Kallu’s left leg, fracturing it, leading to the registration of a case under Section 307 IPC.
Advocate Rishad Murtaza, representing the State, argued that the prosecution had successfully presented a strong case supported by direct and compelling evidence against the appellant, which was fully corroborated by medical evidence.
The High Court emphasized the significant evidentiary value of the statements made by the injured witness and stressed that such statements should not be dismissed without compelling reasons. Minor contradictions or embellishments in natural behavior should not cast doubt on the credibility of the injured witness’s testimony.
The bench cited the case of Irfan @ Naka v. The State of U.P., where the Supreme Court outlined specific criteria for determining the admissibility of a dying declaration.
The High Court found that the dying declaration in this case was made under extreme circumstances, with the deceased in a state of impending death, rendering it highly reliable. Both the doctor who examined the deceased and the magistrate who recorded the statement confirmed the deceased’s mental fitness to provide a statement. Consequently, the dying declaration was deemed trustworthy and had been appropriately relied upon by the trial court.
Furthermore, the High Court noted that the dying declaration contradicted the defense’s assertion of dowry demands by Umesh Kumar Singh.
In her dying declaration, Smt. Neelam Singh explicitly stated that the appellant had fired shots at her and her husband, indicating no motive for her to implicate her husband if she had been subjected to dowry-related mental abuse.
The court acknowledged the immense pain she must have endured while revealing that her own brother had inflicted serious injuries on both her and her husband.
Based on the above considerations, the bench dismissed the appeal.
