Case Note & Summary
The appellants, Ashok Tukaram Kale (husband) and Hirabai Tukaram Kale (mother-in-law, since deceased), were convicted by the Sessions Judge, Beed, for the murder of the deceased (wife of appellant No.1) under Section 302 read with Section 34 IPC and sentenced to life imprisonment. The prosecution case was that the deceased was subjected to cruelty for dowry and was ultimately killed by the appellants. The trial court relied on the dying declaration of the deceased and circumstantial evidence. On appeal, the High Court examined the evidence and found that the dying declaration was not reliable as it was recorded after the deceased had suffered severe burns and was in a critical condition, and there were inconsistencies regarding its recording. The medical evidence did not conclusively prove that the burns were homicidal. The court also noted that the conduct of the appellants in not taking the deceased to the hospital immediately was not unnatural given the circumstances. The High Court held that the prosecution failed to prove the guilt beyond reasonable doubt and accordingly allowed the appeal, setting aside the conviction of appellant No.1. The appeal against appellant No.2 abated due to her death.
Headnote
A) Criminal Law - Murder - Conviction under Section 302 IPC - Acquittal - The appellants were convicted for murder of the deceased by the trial court. The High Court held that the prosecution failed to prove the ingredients of Section 302 IPC, particularly the presence of the appellants at the scene and the cause of death. The dying declaration was unreliable and medical evidence did not support the prosecution case. (Paras 1-20) B) Evidence Act - Dying Declaration - Reliability - The dying declaration recorded by the Executive Magistrate was found to be unreliable as it was not corroborated by medical evidence and there were contradictions regarding the time of recording. The court held that a dying declaration must be free from doubt and inspire confidence. (Paras 10-15) C) Criminal Procedure Code - Appeal - Abatement - Appeal against deceased appellant abated as per Section 394 CrPC upon production of death certificate. (Para 3)
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 IPC for the murder of the deceased is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The conviction and sentence of appellant No.1 Ashok Tukaram Kale under Section 302 read with Section 34 IPC is set aside. He is acquitted of the charges. The appeal against appellant No.2 Hirabai Tukaram Kale stands abated due to her death.
Law Points
- Section 302 IPC
- Section 304B IPC
- Section 498A IPC
- Dowry Prohibition Act
- 1961
- Section 113B Evidence Act
- presumption of dowry death
- cruelty soon before death
- unnatural conduct of accused
- dying declaration
- medical evidence
- circumstantial evidence
