Case Note & Summary
The case pertains to an appeal against conviction under Section 302 read with Section 34 IPC for the murder of deceased Ajmeri by burning. The prosecution case was based on a dying declaration (Exh.28) recorded by a police constable at the hospital, wherein the deceased implicated the five appellants (husband's relatives) for pouring kerosene and setting her on fire. The trial court convicted all accused. On appeal, the High Court examined the admissibility and reliability of the dying declaration. The court noted that the dying declaration was recorded without a doctor's certification that the deceased was in a fit state of mind to make the statement, and it was not certified by a magistrate. The court also found inconsistencies between the dying declaration and other evidence, such as the timing of the incident and the lack of corroboration from independent witnesses. The court held that the dying declaration was unreliable and could not form the sole basis for conviction. Consequently, the court allowed the appeal, set aside the conviction, and acquitted all appellants.
Headnote
A) Criminal Law - Dying Declaration - Admissibility - Section 32 Indian Evidence Act, 1872 - Dying declaration recorded by police constable without certification of mental fitness by doctor and without magistrate's certification held unreliable - Court found that the dying declaration was not corroborated by medical evidence or other witnesses - Held that conviction cannot be based solely on such a dying declaration (Paras 10-15).
B) Criminal Procedure - Appeal against Conviction - Section 374 CrPC - Appellants convicted under Section 302 IPC read with Section 34 IPC challenged conviction - Court allowed appeal and set aside conviction due to unreliable dying declaration and lack of corroborative evidence - Held that prosecution failed to prove guilt beyond reasonable doubt (Paras 1, 16).
Issue of Consideration
Whether the dying declaration (Exh.28) is reliable and admissible as sole basis for conviction under Section 302 IPC read with Section 34 IPC.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted of all charges. Bail bonds cancelled.
Law Points
- Dying declaration
- Admissibility
- Section 32 Indian Evidence Act
- 1872
- Section 302 IPC
- Section 374 CrPC
- Corroboration
- Medical certification
- Mental fitness
Case Details
2023 LawText (BOM) (10) 43
Criminal Appeal No.453 of 2017 with Criminal Application No.1900/2022 and Criminal Application No.2594/2023
Smt. Vibha Kankanwadi, Abhay S. Waghwase
Mr. Nilesh S. Ghanekar (for appellants), Mr. S.D. Ghayal (APP for respondent)
Shaikh Amjad S/o Shaikh Jalal, Shaikh Naseem W/o Amjad, Shaikh Riyaz S/o Shaikh Pashumiya, Shaikh Usman S/o Shaikh Daud, Shaikh Asina @ Haseena W/o Shaikh Pashumiya
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC read with Section 34 IPC.
Remedy Sought
Appellants (convicts) sought acquittal by challenging the trial court's judgment of conviction and sentence.
Filing Reason
Appellants were convicted for the murder of deceased Ajmeri by burning, based on a dying declaration.
Previous Decisions
Trial court convicted all five accused under Section 302 read with Section 34 IPC and sentenced them to life imprisonment.
Issues
Whether the dying declaration (Exh.28) is reliable and admissible as evidence.
Whether the conviction can be sustained solely on the basis of the dying declaration without corroboration.
Submissions/Arguments
Appellants argued that the dying declaration was unreliable as it was recorded without medical certification of fitness and without magistrate certification.
Appellants contended that there was no corroborative evidence and the prosecution failed to prove guilt beyond reasonable doubt.
Ratio Decidendi
A dying declaration recorded without certification by a doctor that the deceased was in a fit state of mind, and without certification by a magistrate, is unreliable and cannot form the sole basis for conviction under Section 302 IPC. The prosecution must prove guilt beyond reasonable doubt, and in the absence of corroboration, such a dying declaration is inadmissible under Section 32 of the Indian Evidence Act, 1872.
Judgment Excerpts
Appellants – convicts are hereby invoking Section 374 of the Code of Criminal Procedure (Cr.P.C.) for assailing judgment and order of conviction passed by the learned Additional Sessions Judge, Basmath in Sessions Trial Case no.16 of 2015 by which they are held guilty for the offence under Section 302 read with 34 of the Indian Penal Code (IPC) and sentenced to suffer imprisonment for life.
Prosecution was launched against appellants on the basis of dying declaration (Exh.28) given by deceased Ajmeri.
Procedural History
The trial court convicted the appellants under Section 302 read with Section 34 IPC. The appellants appealed to the High Court under Section 374 CrPC. The High Court allowed the appeal and acquitted the appellants.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 34, 307, 323, 504
- Code of Criminal Procedure, 1973 (CrPC): 374
- Indian Evidence Act, 1872: 32
