Case Note & Summary
The appellant, Vijay Sahebrao Patil, was convicted by the Additional Sessions Judge, Amalner, for the murder of his wife under Section 302 IPC. The prosecution case was based on two dying declarations (Exh.24 and Exh.25) recorded by a Lady Police Constable, wherein the deceased stated that her husband demanded money for liquor, abused her, and on refusal, poured kerosene and set her on fire. She suffered 96% burns and succumbed. The trial court also relied on the testimony of the minor son of the deceased. The appellant appealed under Section 374 CrPC. The High Court found that the dying declarations contained scoring and interpolations, and given the extent of burns, it was doubtful whether the deceased was in a fit state to make a statement. The child witness was with maternal relatives and grandparents, raising the possibility of tutoring, and his testimony lacked corroboration. The court noted that the brother and parents who shifted the deceased to the hospital were not examined. Consequently, the court held that the prosecution failed to prove its case beyond reasonable doubt, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Dying Declaration - Reliability - Sections 302, 504 IPC - Dying declarations Exh.24 and Exh.25 contained scoring and interpolations, and deceased had 96% burns raising doubt about capacity to give statement - Held that such dying declarations cannot be relied upon without corroboration (Paras 3-5).
B) Evidence Law - Child Witness - Corroboration - Section 118 Indian Evidence Act, 1872 - Child witness testimony, being tutored and uncorroborated, is not sufficient to sustain conviction - Held that child witness evidence must be examined with caution and requires corroboration (Para 3).
C) Criminal Law - Appeal Against Conviction - Acquittal - Section 374 CrPC - Appellant convicted under Section 302 IPC by trial court - Appeal allowed due to unreliable dying declarations and lack of independent witnesses - Held that prosecution failed to prove guilt beyond reasonable doubt (Paras 1-6).
Issue of Consideration
Whether the conviction under Section 302 IPC based on dying declarations and child witness testimony is sustainable.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Dying declaration must be reliable and free from interpolation
- Child witness testimony requires corroboration
- Burden of proof on prosecution to prove guilt beyond reasonable doubt
Case Details
2023 LawText (BOM) (11) 9
Criminal Appeal No.295 of 2017
Smt. Vibha Kankanwadi, Abhay S. Waghwase
Mr. S.S. Jadhav for Appellant, Mrs. V.S. Choudhari for Respondent No.1-State, Ms. Harshita Manglani for Respondent Nos.2 and 3
Vijay s/o. Sahebrao Patil
The State of Maharashtra, Dipak Vijay Patil, Om Vijay Patil
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC.
Remedy Sought
Appellant sought setting aside of conviction and sentence.
Filing Reason
Appellant was convicted by Additional Sessions Judge, Amalner for murder of his wife based on dying declarations and child witness testimony.
Previous Decisions
Trial court convicted appellant on 11-05-2017 in Sessions Case No.5 of 2016.
Issues
Whether the dying declarations are reliable given the extent of burns and interpolations.
Whether the child witness testimony can be relied upon without corroboration.
Whether the prosecution proved its case beyond reasonable doubt.
Submissions/Arguments
Appellant argued that dying declarations contained scoring and interpolations, and deceased had 96% burns making it doubtful she could give statement.
Appellant argued that child witness was tutored and his evidence lacked corroboration.
Appellant argued that independent witnesses like brother and parents were not examined.
Ratio Decidendi
Dying declarations with interpolations and doubts about fitness of deceased cannot be relied upon. Child witness testimony requires corroboration and is insufficient alone. Prosecution must prove guilt beyond reasonable doubt.
Judgment Excerpts
Conviction and sentence recorded by Additional Sessions Judge, Amalner, Dist.Jalgaon dated 11-05-2017 in Sessions Case No.5 of 2016 for offence under Section 302 of the Indian Penal Code (IPC) has resulted into filing of instant appeal by invoking Section 374 of the Code of Criminal Procedure thereby questioning the legality and sustainability of the impugned judgment.
He pointed out that deceased allegedly suffered 96% burns and therefore, it is doubtful whether she was in capacity to give statement.
He further submitted that except child witness testimony, there is no other independent witness.
Procedural History
FIR No.148 of 2015 registered at Amalner Police Station for offences under Sections 307, 504 IPC based on dying declaration. After death of victim, offence converted to Section 302 IPC. Chargesheet filed, trial held, and conviction recorded on 11-05-2017. Appellant filed Criminal Appeal No.295 of 2017 before Bombay High Court.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 504, 307
- Code of Criminal Procedure, 1973 (CrPC): 374
- Indian Evidence Act, 1872: 118
