Case Note & Summary
The case involved an appeal against the conviction of the appellant for the murder of his wife, Hussainbi. The incident occurred on 29.05.2004, when the appellant allegedly assaulted the deceased and, along with his parents, set her on fire after pouring kerosene on her. The deceased succumbed to her injuries on 03.06.2004. The prosecution's case relied heavily on the dying declarations made by the deceased, which were inconsistent. The High Court upheld the conviction of the appellant while acquitting his parents, citing doubts about their involvement based on the dying declarations. The Supreme Court examined the four dying declarations made by the deceased, noting contradictions in her accounts regarding the circumstances of the incident and the involvement of the accused. The court emphasized that for a conviction based on dying declarations, the statements must be consistent and credible. The court found that the inconsistencies in the deceased's statements created reasonable doubt regarding the appellant's sole responsibility for her death. Consequently, the Supreme Court set aside the High Court's judgment, allowed the appeal, and ordered the release of the appellant from custody if not required in any other case.
Headnote
A) Criminal Law - Dying Declarations - Inconsistency in Statements - Indian Penal Code, 1860, Sections 302, 34 - Conviction based on dying declarations must be consistent and voluntary; inconsistencies in the deceased's statements led to the conclusion that the conviction could not be sustained. Held that the appellant was entitled to benefit of doubt due to contradictions in the dying declarations (Paras 2-10).
Issue of Consideration
Whether the impugned judgment can be sustained in law given the contradictory and inconsistent stands taken by the deceased in her dying declarations.
Final Decision
The Supreme Court set aside the High Court's judgment, allowed the appeal, and ordered the release of the appellant from custody if not required in any other case.
Law Points
- Dying declarations
- Inconsistency in statements
- Benefit of doubt
- Section 302 IPC
- Section 34 IPC
