Case Note & Summary
The appellant, Arjun Zinga Ransing, was convicted by the Sessions Judge, Beed, for the murder of his wife Sunita under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 8th October 2012, the appellant, in a drunken state, poured kerosene on Sunita and set her on fire. Sunita succumbed to her injuries on 9th October 2012. The conviction was based primarily on two dying declarations made by Sunita. The appellant challenged the conviction on the ground that the dying declarations were unreliable and contradictory. The High Court analyzed the dying declarations and found inconsistencies: the first declaration stated the incident occurred at 7-8 pm, while the second stated it was at 9 pm. Also, the medical evidence showed that the burns were not consistent with kerosene being poured, as there was no smell of kerosene on the body. The court held that the dying declarations were not trustworthy and lacked corroboration. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Murder - Dying Declaration - Reliability - Section 302 IPC - The court examined whether the dying declarations of the deceased were reliable and consistent. The deceased had given two dying declarations, one to the Executive Magistrate and another to the Police, which contained contradictions regarding the time of incident and the presence of the accused. The medical evidence did not corroborate the dying declarations as the burn injuries were not consistent with the alleged pouring of kerosene. Held that the dying declarations were not reliable and the conviction was set aside (Paras 1-15).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code based on dying declarations is sustainable when the dying declarations are inconsistent and not corroborated by medical evidence.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Dying declaration must be reliable and consistent
- Dying declaration not corroborated by medical evidence cannot be sole basis for conviction
- Benefit of doubt when prosecution fails to prove guilt beyond reasonable doubt
