Case Note & Summary
The appellant, Baban Dadusrao Pakhare, was convicted by the Additional Sessions Judge, Jalna, for the murder of his wife Meerabai under Section 302 IPC and sentenced to life imprisonment. The case was based on two dying declarations made by Meerabai on 25.12.2014, alleging that the appellant poured kerosene on her and set her ablaze after she asked him to help with cooking. She succumbed to 63% burns. The appellant appealed against the conviction. The Bombay High Court examined the dying declarations and found them inconsistent and not voluntary. The first declaration recorded by the Executive Magistrate implicated the appellant, but the second declaration recorded by the police was vague and did not clearly state the appellant's role. The court noted that the prosecution failed to prove the motive and the exact circumstances of the incident. The medical evidence did not conclusively establish homicidal death. The court held that a dying declaration must be voluntary, consistent, and inspire confidence to be the sole basis for conviction. Since the dying declarations were unreliable and lacked corroboration, the court set aside the conviction and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Dying Declaration - Voluntariness and Consistency - Section 302 IPC - Two dying declarations were recorded, one before the Executive Magistrate and another before the Police, which were inconsistent regarding the role of the appellant - The court held that a dying declaration must be voluntary, consistent, and inspire confidence; otherwise, it cannot be the sole basis for conviction (Paras 10-15). B) Criminal Law - Homicidal Burns - Proof of Guilt - Section 302 IPC - The prosecution failed to establish the motive and the exact sequence of events leading to the burns - The medical evidence showed 63% burns but did not conclusively prove homicidal death - The court held that in the absence of reliable dying declarations and corroborative evidence, the benefit of doubt must be given to the accused (Paras 16-20).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on dying declarations is sustainable when the dying declarations are inconsistent and not voluntary.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Dying declaration
- voluntariness
- consistency
- corroboration
- Section 302 IPC
- Section 304B IPC
- Section 498A IPC
