Case Note & Summary
The appellant, Sandeep Haribhau Chavan, was convicted by the Additional Sessions Judge, Vaijapur, for the murder of his wife Sangita under Section 302 IPC. The prosecution case was that within six months of marriage, the accused, enraged by his wife questioning his extra-marital affair, poured kerosene on her and set her ablaze on 30 March 2013. She suffered 90-94% burns and gave two dying declarations before succumbing. The first declaration suggested accidental burns, while the second implicated the accused. The trial court relied on the second declaration and convicted the appellant. On appeal, the High Court examined the reliability of the dying declarations. The court noted that the first dying declaration recorded by the doctor indicated accidental burns, while the second recorded by a police officer implicated the accused. The court found inconsistencies and doubted the voluntariness of the second declaration, as relatives had ample time to tutor the deceased. Additionally, the medical evidence suggested that with such extensive burns, the deceased's ability to give a coherent statement was questionable. The court held that the prosecution failed to prove the case beyond reasonable doubt and acquitted the appellant, setting aside the conviction and sentence.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Section 302 Indian Penal Code, 1860 - The court examined the evidentiary value of two dying declarations made by the deceased. The first declaration attributed the burns to an accident, while the second implicated the accused. The court held that when there are multiple dying declarations, they must be consistent and reliable. Inconsistencies and doubts about tutoring render them unreliable. (Paras 1-22) B) Criminal Law - Murder - Burn Injuries - Section 302 Indian Penal Code, 1860 - The prosecution alleged that the accused poured kerosene and set his wife on fire due to an extra-marital affair. The court found that the medical evidence showed 90-94% burns, making it improbable for the deceased to give coherent statements. The lack of corroboration from independent witnesses and the possibility of tutoring led to acquittal. (Paras 2-22)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on dying declarations is sustainable when the dying declarations are inconsistent and lack corroboration.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of the charge under Section 302 IPC. Bail bonds cancelled.
Law Points
- Dying declaration
- reliability
- corroboration
- Section 302 IPC
- Section 307 IPC
- burn injuries
- extra-marital affair
- tutored witness
- medical evidence
