Case Note & Summary
The appellant, Raju s/o Bhagirath Irche, was convicted by the learned Additional Sessions Judge, Aurangabad, on 17.02.2017 for the offence punishable under Section 302 of the Indian Penal Code (IPC) in Sessions Case No.397 of 2010. The prosecution case was that the deceased, Shital Bansilal Manpure (also known by other names), was admitted to Ghati Hospital, Aurangabad on 26.05.2010 with 59% superficial to deep burns. A Medico Legal Certificate was given on 13.06.2010, following which PW-5 Police Head Constable Kautik Gore recorded a dying declaration at 11:40 p.m. after obtaining a medical endorsement that Shital was fit to give a statement. Based on this statement, an offence under Section 307 IPC was registered on 14.06.2010. Subsequently, PW-3 Dulaji Mendke, Naib Tahsildar cum Executive Magistrate, recorded a second dying declaration (Exhibit-37) between 9:42 a.m. and 10:05 a.m. on 14.06.2010. The deceased Shital was residing with the appellant and her son PW-2 Akash Deepak Patthe. She was earlier married to Deepak Patthe, but for about four years prior to the incident, she was living with the appellant as husband and wife, though they were not married. The dying declarations revealed that the appellant had poured kerosene on Shital and set her on fire. Shital died on 24.06.2010, and the offence was converted to Section 302 IPC. The appellant was convicted and sentenced to life imprisonment. The appellant challenged the conviction on the grounds that the dying declarations were not reliable and that the prosecution failed to prove the case beyond reasonable doubt. The court examined the evidence, including the testimony of PW-2 Akash, who stated that he saw the appellant pouring kerosene and setting his mother on fire. The court found the dying declarations to be consistent, voluntary, and corroborated by medical evidence. The court held that there was no material contradiction and that the conviction was based on sound evidence. The appeal was dismissed, and the conviction was upheld.
Headnote
A) Criminal Law - Dying Declaration - Admissibility and Reliability - Section 32 Indian Evidence Act, 1872 - The court examined the evidentiary value of two dying declarations recorded by a police officer and an Executive Magistrate. The court held that when the dying declarations are consistent, voluntary, and corroborated by medical evidence, they can form the sole basis for conviction. The court found no material contradictions and upheld the conviction. (Paras 1-20) B) Criminal Law - Murder - Conviction under Section 302 IPC - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murdering the deceased by setting her on fire. The court relied on the dying declarations and the testimony of the son (PW-2) to conclude that the appellant had poured kerosene and set the deceased ablaze. The court dismissed the appeal and confirmed the conviction. (Paras 1-20)
Issue of Consideration
Whether the dying declarations recorded by the police officer and the Executive Magistrate are reliable and sufficient to sustain the conviction of the appellant under Section 302 IPC.
Final Decision
The appeal is dismissed. The conviction of the appellant under Section 302 IPC is upheld.
Law Points
- Dying declaration
- Section 32 Indian Evidence Act
- 1872
- Section 302 Indian Penal Code
- 1860
- Section 307 Indian Penal Code
- Section 164 Code of Criminal Procedure
- 1973
- Section 313 Code of Criminal Procedure
