Case Note & Summary
The appellant, Prabhakar Shinde, was convicted by the Additional Sessions Judge, Jalna, for offences under Sections 302 and 498-A of the Indian Penal Code for the murder of his wife, Lata, by pouring kerosene and setting her on fire. The prosecution relied heavily on a dying declaration recorded by Police Head Constable Durgadas Dahale (PW6) at the hospital. The appellant challenged the conviction on the ground that the dying declaration was unreliable as it was not certified by a doctor regarding the victim's fitness to make the statement. The High Court examined the evidence and found that the dying declaration was recorded without any certification of fitness by a medical officer, and there were inconsistencies between the dying declaration and the medical evidence, which indicated 100% burns. The court held that the dying declaration could not be the sole basis for conviction without corroboration. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Section 32 Indian Evidence Act, 1872 - Dying declaration recorded by Police Head Constable without certification of fitness by doctor - Held that such dying declaration is not reliable and cannot be sole basis for conviction without corroboration (Paras 10-15). B) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Inconsistency between dying declaration and medical evidence - Dying declaration stated assault with stick and pouring kerosene, but medical evidence showed 100% burns inconsistent with such assault - Held that conviction under Section 302 cannot be sustained (Paras 16-20). C) Criminal Law - Cruelty by Husband - Section 498-A Indian Penal Code, 1860 - Allegations of cruelty based on dying declaration - Since dying declaration found unreliable, conviction under Section 498-A also set aside (Para 21).
Issue of Consideration
Whether the dying declaration recorded by a Police Head Constable is reliable and sufficient to convict the accused for murder and cruelty?
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges.
Law Points
- Dying declaration must be reliable and consistent
- Dying declaration recorded by non-medical officer requires certification of fitness
- Section 32 of Indian Evidence Act
- 1872
- Section 302 IPC
- Section 498-A IPC
- Benefit of doubt
