Case Note & Summary
The appellant, Raju Rangnath Kolte, was convicted by the Additional Sessions Judge, Vaijapur, for the murder of his wife Manisha under Section 302 IPC. The prosecution alleged that after a few years of marriage, the appellant started ill-treating and beating Manisha when drunk. On 14.04.2014, Manisha suffered burns and was taken to the hospital, where she gave a dying declaration to a police officer, leading to registration of a crime. She later succumbed to her injuries. The trial court convicted the appellant based on the dying declaration and other evidence. On appeal, the Bombay High Court examined the dying declarations and found inconsistencies between the declaration recorded by the police officer and another recorded by a doctor. The court noted that the police officer's declaration was recorded without certification of the deceased's fitness to make the statement, and the doctor's declaration did not implicate the appellant. The court also found the evidence of ill-treatment to be vague and lacking corroboration. The court held that the prosecution failed to prove its case beyond reasonable doubt and acquitted the appellant, setting aside the conviction and sentence.
Headnote
A) Criminal Law - Dying Declaration - Section 32 Indian Evidence Act, 1872 - Inconsistency and Voluntariness - The court examined two dying declarations, one recorded by a police officer and another by a doctor, which were inconsistent regarding the cause of burns. The court held that the dying declaration recorded by the police officer was not voluntary and reliable as it was recorded without certification of fitness by a doctor, and the inconsistencies cast doubt on the prosecution case. Held that conviction cannot be based on such unreliable dying declarations (Paras 10-15). B) Criminal Law - Murder - Section 302 IPC - Circumstantial Evidence - The prosecution relied on evidence of ill-treatment and the fact that the deceased was found with burns. However, the court found that the evidence of ill-treatment was vague and not corroborated by independent witnesses. The circumstances did not form a complete chain pointing to the guilt of the accused. Held that the prosecution failed to prove the case beyond reasonable doubt (Paras 16-20).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on dying declarations and circumstantial evidence is sustainable in law.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Bail bonds cancelled.
Law Points
- Dying declaration
- Section 302 IPC
- Section 32 Indian Evidence Act
- 1872
- Section 374 CrPC
- Inconsistency in dying declarations
- Voluntary nature of dying declaration
- Corroboration of dying declaration
