The Delhi High Court has delivered a powerful verdict, dismissing a 23-year-long appeal and firmly upholding the murder conviction of a woman's own husband and son for setting her on fire in the year 2000. The court placed unwavering trust in the victim's dying declaration, stating a mother has no reason to falsely implicate her own child.
A Mother's Final Words Upheld
The tragic incident dates back to 2000, when the victim suffered severe burn injuries at her residence at 6 am. She was rushed to the hospital by her son and daughter, while her husband, who was present at home, did not accompany them. Later that same day, she succumbed to her injuries. Before her death, she provided two crucial dying declarations—one to the treating doctor and another to the investigating officer. In both, she consistently named her husband and her adult son as the individuals responsible for her condition.
A First Information Report (FIR) was subsequently registered, leading to a trial where both accused were found guilty under sections 302 (murder) and 34 (common intention) of the Indian Penal Code in 2002. They challenged this conviction in the High Court that same year. However, during the lengthy appeal process, the husband passed away, and the son absconded, leading to him being declared a 'proclaimed offender'.
The Court's Reasoning on the Sanctity of a Mother's Word
The counsel for the appellants argued that it was a case of suicide, questioning the validity of the dying declaration by stating the victim had 100% burn injuries, including on her face and lips, and could not have spoken. It was also contended that as the family had migrated from Afghanistan and was not well-versed in other languages, the doctor and officer could not have understood her.
The prosecution, and ultimately the court, found these arguments unpersuasive. The bench of Justices Subramonium Prasad and Vimal Kumar Yadav observed that the dying declaration was not only consistent but also appeared to be true. Authoring the judgment, Justice Vimal Kumar Yadav made poignant remarks on the mother-child relationship.
The court stated, "A mother is the only person who carries you for nine months in her belly, three years in her arms and forever in her heart." It described the bond between a mother and her children as "pure" and aboveboard, leaving no scope for selfishness. Referencing the famous line "Poot kapoot sune hai par na maata sunee kumaata", the judgment emphasized that a mother would have no motive to falsely name her own grown-up son or husband.
Conclusion: From Appeal to Finality
After considering all the facts, the High Court concluded that the circumstances surrounding the victim's death cumulatively indicated that the incident was neither an accident nor a suicide. The only remaining possibility was homicide. With this firm reasoning, the court dismissed the appeal and upheld the trial court's conviction, bringing a long-delayed sense of justice to a tragic case that underscored the ultimate betrayal within a family.
