Case Note & Summary
The case involved an appeal against the conviction of Amol Singh for murder under Section 302 IPC. The appellant was accused of setting fire to Saraswati Bai, who had a questionable character and was in a relationship with him. On March 17, 1992, after hearing her screams, neighbors found her severely burnt and she accused both appellants of the act. The prosecution's case relied heavily on her dying declarations, which were recorded by various officials. The trial court convicted the appellant based on these declarations, but the High Court upheld the conviction despite the defense's argument regarding inconsistencies. The Supreme Court, however, found that the dying declarations contained significant discrepancies regarding the motives and circumstances of the incident, which affected their credibility. The court emphasized that while multiple dying declarations can be considered, they must be consistent and reliable. Given the material inconsistencies, the court concluded that it was unsafe to convict the appellant, leading to his acquittal. The judgment was delivered on May 15, 2008.
Headnote
A) Criminal Law - Dying Declaration - Credibility of Evidence - Indian Penal Code, 1860, Section 302 - The court examined the reliability of multiple dying declarations and found significant inconsistencies that rendered the evidence doubtful. The discrepancies in the dying declarations were material, leading to the conclusion that it was unsafe to convict the appellant based on such evidence. Held that the conviction was set aside and the appellant was acquitted (Paras 9-10).
Issue of Consideration
Whether the inconsistencies in the dying declarations affected the credibility of the evidence against the appellant.
Final Decision
The Supreme Court set aside the conviction of the appellant and acquitted him of the charges, ordering his immediate release unless required in connection with another case.
Law Points
- Dying declaration
- credibility of evidence
- common intention
- Section 302 IPC
- Section 34 IPC
