Case Note & Summary
The appellant, Kashinath S/o Potanna Pitlewad, was convicted by the Sessions Judge, Nanded, for the murder of his wife, Muktabai, under Sections 302 and 498-A of the Indian Penal Code. The prosecution's case was based on two dying declarations made by the deceased. The first declaration, recorded as an FIR, alleged that the appellant poured kerosene on her and set her on fire. However, the second declaration, recorded later by a magistrate, stated that the appellant was not responsible and that she had sustained burns accidentally. The trial court relied on the first declaration and convicted the appellant, while acquitting his brother and mother. On appeal, the Bombay High Court examined the inconsistencies between the two dying declarations. The court noted that the first declaration was recorded by a police officer and the second by a magistrate, and that the medical evidence did not corroborate the first declaration. The court held that when there are two inconsistent dying declarations, neither can be relied upon without independent corroboration. The prosecution failed to provide any corroborative evidence, such as eyewitnesses or forensic evidence. Therefore, the court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Evidence Law - Dying Declaration - Corroboration - Inconsistent Dying Declarations - Indian Evidence Act, 1872, Section 32(1) - The court examined the admissibility and reliability of two dying declarations made by the deceased. The first declaration implicated the appellant, while the second exonerated him. The court held that when there are two inconsistent dying declarations, neither can be relied upon without independent corroboration. The prosecution failed to provide such corroboration, leading to the acquittal of the appellant. (Paras 1-10) B) Criminal Law - Murder - Dowry Death - Sections 302 and 498-A IPC - The appellant was convicted for murder and cruelty by the trial court. The High Court found that the dying declarations were contradictory and the medical evidence did not support the prosecution's case. The court set aside the conviction, emphasizing that the burden of proof lies on the prosecution and that inconsistencies in the dying declarations create reasonable doubt. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 498-A of the Indian Penal Code based on two dying declarations is sustainable when the declarations are inconsistent and lack corroboration.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges.
Law Points
- Dying declaration
- Corroboration
- Inconsistency
- Section 302 IPC
- Section 498-A IPC
- Acquittal
