Case Note & Summary
The judgment pertains to three criminal appeals filed by life convicts challenging their conviction under Sections 302, 307 read with 34 of the Indian Penal Code (IPC) by the learned Sessions Judge, Beed in Sessions Case No.53 of 2015 dated 11-11-2016. The appellants, Babu Dashrath Kalwane, Vitthal alias Sonu Prakash Kalwane, and Bandu Dashrath Kalwane, were convicted for the murder of Sushma and attempt to murder Dashrath (PW4). The factual matrix involves two episodes: first, before hospitalization of the deceased and PW4 due to consumption of insecticide, and second, after hospitalization around 6:00 p.m. on 23-12-2014. The prosecution alleged that the appellants assaulted the deceased and PW4 with weapons. The trial court relied on dying declarations of the deceased and PW4 to convict the appellants. On appeal, the High Court examined the dying declarations and found them to be inconsistent and unreliable. The court noted contradictions regarding the manner of assault, number of assailants, and weapons used. The medical evidence did not corroborate the ocular testimony. The court held that the prosecution failed to prove its case beyond reasonable doubt and that the appellants were entitled to benefit of doubt. Consequently, the appeals were allowed, the conviction and sentence were set aside, and the appellants were directed to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder and Attempt to Murder - Dying Declaration - Reliability - Sections 302, 307, 34 IPC - The court examined the dying declarations of the deceased and injured witness and found them to be inconsistent and unreliable due to contradictions regarding the manner of assault and number of assailants - Held that conviction cannot be based on such doubtful dying declarations (Paras 1-40). B) Criminal Law - Appreciation of Evidence - Inconsistencies - Benefit of Doubt - The prosecution case suffered from material contradictions between oral testimony and medical evidence, and the circumstances did not conclusively point to the guilt of the appellants - Held that the appellants are entitled to benefit of doubt and acquittal (Paras 1-40).
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 307 read with 34 IPC is sustainable based on the dying declarations and other evidence on record.
Final Decision
Appeals allowed. Conviction and sentence set aside. Appellants acquitted and directed to be released forthwith unless required in any other case.
Law Points
- Dying declaration reliability
- Inconsistency in prosecution case
- Benefit of doubt
- Section 302 IPC
- Section 307 IPC
- Section 34 IPC
- Evidence Act 1872
