Case Note & Summary
The appellant, Udhav Nagorao Salve, was convicted by the Additional Sessions Judge, Parbhani, for the murder of his wife Vandana by setting her ablaze, and for offences under Sections 498A, 323, and 506-II IPC. The prosecution case was that the appellant had a mistress and used to beat his wife for opposing her entry into the house. On the night of 11-12 July 2014, he beat her mercilessly and in the early morning of 12 July 2014, he sprinkled kerosene on her and set her on fire. The children doused the fire and she was taken to hospital, where she gave two dying declarations implicating her husband. The trial court relied on these declarations and convicted the appellant. On appeal, the High Court examined the dying declarations and found them unreliable. The first declaration was recorded by a police officer without certification of fitness by a doctor, and the second declaration by a Special Executive Magistrate was not in question-answer form and also lacked proper certification. There were inconsistencies between the two declarations regarding the presence of the appellant at the time of the incident. The court held that the dying declarations were not trustworthy and there was no other corroborative evidence. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant of all charges.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Section 302, 498A, 323, 506-II IPC - The court examined the evidentiary value of dying declarations recorded by a police officer and a Special Executive Magistrate. Held that the dying declarations suffered from serious infirmities as they were not recorded in the form of questions and answers, the deceased was not certified fit to make the statement by a doctor, and there were material inconsistencies between the two declarations. Consequently, the conviction based solely on such unreliable dying declarations was unsustainable (Paras 10-18). B) Criminal Law - Dying Declaration - Recording Procedure - Section 32 Indian Evidence Act, 1872 - The court emphasized that a dying declaration must be recorded in the exact words of the declarant, in a question-answer format, and must be certified by a medical officer regarding the fitness of the declarant. Failure to follow these safeguards renders the dying declaration suspect (Paras 12-15). C) Criminal Law - Appeal against Conviction - Section 374 CrPC - The appellant challenged the conviction on grounds of unreliable dying declarations and lack of corroborative evidence. The court allowed the appeal, setting aside the conviction and acquitting the appellant, holding that the prosecution failed to prove its case beyond reasonable doubt (Paras 19-22).
Issue of Consideration
Whether the dying declarations of the deceased were reliable and sufficient to sustain the conviction of the appellant under Section 302 IPC and other offences.
Final Decision
The appeal is allowed. The judgment and order of conviction passed by the Additional Sessions Judge, Parbhani, in Sessions Case No. 82 of 2014 is set aside. The appellant is acquitted of all charges. He shall be set at liberty forthwith, if not required in any other case.
Law Points
- Dying declaration
- reliability
- corroboration
- Section 302 IPC
- Section 498A IPC
- Section 323 IPC
- Section 506-II IPC
- Section 374 CrPC
