Case Note & Summary
The case involves two appeals: one by the convicted husband, Arun Appaso Dange, challenging his conviction under Section 302 IPC for the murder of his wife, and another by the complainant, Avinash Mane, challenging the acquittal of the co-accused mother-in-law, Prabhavati Dange. The prosecution case was that on the date of the incident, the appellant poured kerosene on his wife and set her on fire, leading to her death. The deceased gave a dying declaration to the police and her brother, stating that her husband was responsible. The trial court convicted the husband but acquitted the mother-in-law due to lack of evidence. The High Court, after examining the evidence, found the dying declaration to be reliable and corroborated by other witnesses. It held that the conviction of the husband was correct and dismissed his appeal. Regarding the acquittal of the mother-in-law, the court found no evidence to connect her to the crime and upheld the acquittal. The court emphasized that the dying declaration was consistent and voluntary, and the medical evidence supported the prosecution case. The appeals were disposed of accordingly.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murder of his wife based on her dying declaration that he poured kerosene and set her on fire. The court held that the dying declaration was credible, consistent, and corroborated by oral evidence, and upheld the conviction. (Paras 1-23)
B) Criminal Law - Acquittal of Co-accused - Lack of Evidence - Sections 302, 498A, 323, 504 read with 34 Indian Penal Code, 1860 - The trial court acquitted the mother-in-law of all charges. The appellate court found no evidence to link her to the offence and upheld the acquittal. (Paras 1-23)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC is sustainable based on the dying declaration and other evidence; whether the acquittal of the co-accused mother-in-law is justified.
Final Decision
The High Court dismissed the appeal of Arun Dange and upheld his conviction under Section 302 IPC. It also dismissed the appeal of Avinash Mane and upheld the acquittal of the co-accused mother-in-law.
Law Points
- Section 302 IPC
- Section 374 CrPC
- Section 498A IPC
- Section 323 IPC
- Section 504 IPC
- Section 34 IPC
- circumstantial evidence
- dying declaration
- oral evidence
- corroboration
Case Details
2022 LawText (BOM) (06) 57
Criminal Appeal No.1288 of 2011 and Criminal Appeal No.654 of 2012
Revati Mohite Dere, V. G. Bisht
Mr. Amit Mane (for appellant in Appeal No.1288/2011), Ms. Rui Danawala i/by Mr. Umesh Mankapure (for appellant in Appeal No.654/2012 and respondent No.2 and 3 in Appeal No.1288/2011), Mr. V. B. Konde Deshmukh (APP for State)
Shri Arun Appaso Dange (in Appeal No.1288/2011); Avinash Shankar Mane (in Appeal No.654/2012)
The State of Maharashtra and others (in Appeal No.1288/2011); Shri Arun Appaso Dange and others (in Appeal No.654/2012)
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Nature of Litigation
Criminal appeals against conviction and acquittal in a murder case
Remedy Sought
Appellant Arun Dange sought acquittal from conviction under Section 302 IPC; complainant Avinash Mane sought conviction of the acquitted co-accused
Filing Reason
Challenge to trial court judgment convicting husband for murder and acquitting mother-in-law
Previous Decisions
Trial court convicted appellant Arun Dange under Section 302 IPC and sentenced to life imprisonment; acquitted co-accused Prabhavati Dange of all charges
Issues
Whether the conviction of the appellant under Section 302 IPC is sustainable based on the dying declaration and other evidence
Whether the acquittal of the co-accused mother-in-law is justified
Submissions/Arguments
Appellant Arun Dange argued that the dying declaration was not reliable and there was no corroboration
Complainant Avinash Mane argued that the mother-in-law was also involved and should have been convicted
Ratio Decidendi
The dying declaration of the deceased was credible, consistent, and corroborated by oral evidence, establishing the guilt of the appellant beyond reasonable doubt. The acquittal of the co-accused was justified due to lack of evidence.
Judgment Excerpts
The appellant – original accused Arun Appaso Dange has preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973 challenging the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Jaisingpur, in Sessions Case No.16 of 2008 dated 7th September 2011...
Procedural History
The trial court convicted the appellant under Section 302 IPC and sentenced him to life imprisonment. The appellant filed an appeal against conviction. The complainant filed an appeal against the acquittal of the co-accused. Both appeals were heard together and disposed of by this common judgment.
Acts & Sections
- Indian Penal Code, 1860: 302, 498A, 323, 504, 34
- Code of Criminal Procedure, 1973: 374
