Case Note & Summary
The appellant, Ashok Dattarao Bhogane, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Rohini, by setting her on fire. The prosecution relied heavily on two dying declarations: one recorded by a police officer (PW10) and another by an Executive Magistrate. The deceased had sustained 90% burn injuries and died shortly after. The trial court convicted the appellant based on these declarations. On appeal, the Bombay High Court scrutinized the dying declarations and found significant inconsistencies. The first declaration stated that the appellant poured kerosene and set her ablaze, while the second declaration contained variations regarding the time and circumstances. The court noted that the Executive Magistrate did not certify the deceased's mental fitness, and the declarations were not properly attested. Additionally, the father-in-law (PW1) turned hostile and did not support the prosecution. The court held that the dying declarations were unreliable and lacked corroboration. Consequently, the appeal was allowed, the conviction was set aside, and the appellant was acquitted. The court emphasized that a dying declaration must be consistent and free from doubt to form the sole basis of conviction.
Headnote
A) Criminal Law - Murder - Dying Declaration - Reliability - Section 302 IPC, Section 32 Indian Evidence Act - The court examined the evidentiary value of multiple dying declarations and held that inconsistencies and lack of corroboration rendered them unreliable for conviction. Held that a dying declaration must be consistent and free from tutoring or influence to form the sole basis of conviction (Paras 10-20). B) Criminal Procedure - Dying Declaration - Recording - Section 164 CrPC - The court noted that the dying declaration recorded by the Executive Magistrate was not properly attested and lacked certification of mental fitness, casting doubt on its voluntariness. Held that strict compliance with procedural safeguards is essential for admissibility (Paras 15-18). C) Evidence Law - Dying Declaration - Corroboration - Section 32 Indian Evidence Act - The court emphasized that while a dying declaration can be the sole basis for conviction, it must be trustworthy and corroborated by other evidence if inconsistencies exist. Held that in the absence of corroboration, the accused is entitled to benefit of doubt (Paras 19-22).
Issue of Consideration
Whether the dying declarations made by the deceased are reliable and sufficient to sustain the conviction of the appellant under Section 302 of the Indian Penal Code.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Dying declaration
- reliability
- corroboration
- Section 302 IPC
- Section 164 CrPC
- Section 32 Indian Evidence Act
