Case Note & Summary
The appellant, Janardan Trimbak Wagh, was convicted by the trial court under Section 302 of the Indian Penal Code for the murder of his wife, Ashabai, by pouring kerosene on her and setting her on fire on 16 July 1997. The deceased succumbed to her injuries on 17 July 1997. The appellant appealed against the conviction. The only incriminating evidence against the appellant was the dying declaration of the deceased recorded by PW4 Special Judicial Magistrate Shivaji Pawar. 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. Additionally, there was no corroboration from any independent witness or medical evidence. The court held that the dying declaration was not reliable and could not form the sole basis for conviction. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Section 302 Indian Penal Code, 1860 - The court examined the dying declaration recorded by PW4 Special Judicial Magistrate and found that the doctor's certification of the deceased's fitness to make the statement was not obtained before recording, and the declaration was not corroborated by any independent witness or medical evidence. Held that the dying declaration was not reliable and could not form the sole basis for conviction (Paras 7-10). B) Criminal Law - Murder - Culpable Homicide - Section 302 Indian Penal Code, 1860 - The court considered the alternative argument that even if the prosecution case is accepted, the offence would be culpable homicide not amounting to murder. However, since the dying declaration was found unreliable, the court did not need to decide this issue (Para 5).
Issue of Consideration
Whether the dying declaration of the deceased is reliable and sufficient to convict the accused for murder under Section 302 IPC.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of offence under Section 302 IPC. Fine, if paid, to be refunded.
Law Points
- Dying declaration must be recorded after certification of fitness of deceased
- Dying declaration must be corroborated if there are doubts
- Section 302 IPC requires proof of intention to cause death
