Case Note & Summary
The appellant challenged the High Court's order affirming his conviction and life sentence for the murder of his wife under Section 302 of the Indian Penal Code. The prosecution's case was based on the allegation that the appellant set his wife on fire after pouring kerosene on her. The incident occurred on 12.09.2008, and the deceased was hospitalized but succumbed to her injuries after three weeks. Initial statements made by the deceased indicated an accidental fire while cooking, but later, she accused the appellant of the act. The trial court relied heavily on the dying declaration recorded by a Judicial Magistrate, which was contested by the appellant. The court analyzed the evidence, including testimonies from family members and medical professionals, noting inconsistencies in the deceased's statements. The court highlighted that the dying declaration was surrounded by doubts and lacked corroborative evidence, leading to the conclusion that the appellant deserved the benefit of doubt. Consequently, the Supreme Court acquitted the appellant and set aside the High Court's order, directing his immediate release.
Headnote
A) Criminal Law - Dying Declaration - Credibility of Dying Declaration - Indian Penal Code, 1860, Section 302 - The court found that the deceased's multiple statements were inconsistent, casting doubt on the reliability of the dying declaration used for conviction. The absence of corroborative evidence further necessitated the benefit of doubt to the appellant. Held that reliance on the dying declaration alone was misplaced (Paras 12-17).
Issue of Consideration
Whether the dying declaration of the deceased was credible and sufficient to uphold the conviction under Section 302 IPC.
Final Decision
The Supreme Court allowed the appeal, acquitted the appellant, and set aside the High Court's order dated 28.02.2012, directing the appellant's immediate release.
Law Points
- Dying declaration
- Section 302 IPC
- Corroborative evidence
- Inconsistent statements
- Benefit of doubt
