Case Note & Summary
The appellant, Rajesh Bhikaji Gade, was convicted by the Additional Sessions Judge, Majalgaon, for offences under Sections 498-A and 302 of the Indian Penal Code, 1860, for the dowry death of his wife Jayshree. The prosecution relied on three dying declarations made by the deceased. The first dying declaration (Exh.43) recorded by police on 07.05.2014 stated that she caught fire accidentally while cooking. The second dying declaration (Exh.63) recorded by an Executive Magistrate on the same day implicated the appellant and his relatives for pouring kerosene and setting her on fire. The third dying declaration (Exh.73) recorded by the Investigating Officer on 10.05.2014 again stated that the burns were accidental. The trial court convicted the appellant based on the second dying declaration, disregarding the other two. On appeal, the High Court analyzed the dying declarations and found them to be contradictory and unreliable. The court noted that the first and third declarations were consistent in stating accidental burns, while the second declaration was inconsistent. The medical evidence did not corroborate the second declaration. The court held that the prosecution failed to prove the guilt beyond reasonable doubt and that the appellant was entitled to the benefit of doubt. The appeal was allowed, and the conviction and sentence were set aside. The appellant was acquitted of all charges.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Inconsistent Dying Declarations - Indian Penal Code, 1860, Sections 498-A and 302 - The court examined three dying declarations which were contradictory regarding the cause of burns and involvement of the accused. The first declaration stated accidental burns, the second implicated the accused and his relatives, and the third again stated accidental burns. The court held that such inconsistencies create doubt and the dying declarations cannot be relied upon without corroboration. (Paras 1-20) B) Criminal Law - Conviction - Benefit of Doubt - Indian Penal Code, 1860, Sections 498-A and 302 - Where the prosecution fails to prove guilt beyond reasonable doubt due to unreliable evidence, the accused is entitled to acquittal. The court found that the dying declarations were not consistent and there was no independent corroboration, leading to the conclusion that the prosecution case was not proved beyond reasonable doubt. (Paras 21-30)
Issue of Consideration
Whether the conviction of the appellant under Sections 498-A and 302 of the Indian Penal Code, 1860 based on three dying declarations is sustainable in law.
Final Decision
The appeal is allowed. The conviction and sentence imposed by the Additional Sessions Judge, Majalgaon in Sessions Case No.46/2014 are set aside. The appellant is acquitted of all charges. His bail bonds stand cancelled.
Law Points
- Dying declaration must be consistent and reliable
- Conviction cannot be based on contradictory dying declarations
- Benefit of doubt when prosecution fails to prove guilt beyond reasonable doubt
