Case Note & Summary
The case pertains to an appeal against the conviction of two women, Rahibai and Laxmibai, under Section 304 Part II read with Section 34 of the Indian Penal Code (IPC) for causing the death of a pregnant woman, Indubai, by kicking and fist blows on her abdomen. The incident occurred on 18 April 1997 at about 11:00 a.m. when the appellants, along with co-accused Baburao, allegedly confronted the deceased for naming appellant Rahibai in an illicit relationship. The co-accused Baburao was acquitted by the trial court. The prosecution examined 13 witnesses, including eye witnesses and a witness claiming to have received an oral dying declaration. The trial court convicted the appellants, sentencing them to 7 years rigorous imprisonment. On appeal, the High Court re-appreciated the evidence and found that the eye witnesses turned hostile and did not support the prosecution case. The alleged dying declaration made to PW12 was not corroborated by medical evidence and was not recorded in the presence of a magistrate or medical officer. The court held that the prosecution failed to prove common intention between the appellants and the acquitted co-accused. The High Court concluded that the trial court's judgment was based on surmises and conjectures, and the benefit of doubt must be given to the appellants. Accordingly, the appeal was allowed, the conviction was set aside, and the appellants were acquitted.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part II IPC - Common Intention - Section 34 IPC - The appellants were convicted for causing death of a pregnant woman by kicking and fist blows on her abdomen. The High Court held that the prosecution failed to prove that the appellants shared common intention with the acquitted co-accused. The dying declaration was found to be unreliable and the eye witnesses turned hostile. Consequently, the conviction was set aside and the appellants were acquitted. (Paras 1-20) B) Evidence Law - Dying Declaration - Reliability - The dying declaration allegedly made to PW12 was not corroborated by medical evidence and was not recorded by a magistrate or medical officer. The court held that such an oral dying declaration, made in the absence of independent witnesses, cannot be the sole basis for conviction. (Paras 12-15) C) Criminal Procedure - Appeal against conviction - Acquittal - The High Court, in appeal, re-appreciated the evidence and found that the trial court's conclusion was based on surmises and conjectures. The benefit of doubt was given to the appellants, and they were acquitted of all charges. (Paras 16-20)
Issue of Consideration
Whether the conviction of the appellants under Section 304 Part II read with Section 34 IPC is sustainable based on the evidence on record, particularly the dying declaration and the testimony of eye witnesses.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Culpable Homicide not amounting to murder
- Common intention
- Dying declaration
- Appreciation of evidence
- Section 304 Part II IPC
- Section 34 IPC
