Case Note & Summary
The case involves an appeal by Pandurang Shankar Rajbhoj and Shobhabai Shankar Rajbhoj against their conviction under Section 302 read with Section 34 of the Indian Penal Code for the murder of Sheelabai, who died from burns. The prosecution's case was based primarily on a dying declaration recorded by Police Head Constable Shaikh at the hospital. The deceased had married Nagorao about a month before the incident. She alleged that appellant No.1 (brother-in-law) had quarreled with her and her husband, and that she was assaulted and set on fire. The trial court convicted the appellants. On appeal, the High Court examined the dying declaration and found that it was recorded without a doctor's certification that the deceased was in a fit state to give a statement. The court noted that the doctor who treated the deceased was not examined, and the dying declaration contained inconsistencies with the medical evidence. The court held that the dying declaration was not reliable and lacked corroboration. Consequently, the court set aside the conviction and acquitted the appellants, giving them the benefit of doubt.
Headnote
A) Evidence Law - Dying Declaration - Reliability - Section 32(1) of Indian Evidence Act, 1872 - Dying declaration recorded by Police Head Constable without obtaining doctor's certification regarding fitness of deceased to make statement - Held that such dying declaration is not reliable and cannot be sole basis for conviction without corroboration (Paras 10-15). B) Criminal Law - Murder - Conviction based on dying declaration - Section 302 read with Section 34 of Indian Penal Code, 1860 - Appellants convicted for murder of deceased by burning - Dying declaration inconsistent with medical evidence and other circumstances - Held that prosecution failed to prove guilt beyond reasonable doubt, benefit of doubt given to accused (Paras 16-20).
Issue of Consideration
Whether the dying declaration recorded by a police constable without doctor's certification is reliable and sufficient to sustain conviction under Section 302 IPC read with Section 34 IPC.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Dying declaration must be recorded in presence of doctor certifying fitness
- Dying declaration must be free from tutoring and corroborated
- Benefit of doubt when prosecution fails to prove guilt beyond reasonable doubt
