Case Note & Summary
The appellant, Dashrath Arun Sasane, was convicted under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of his wife, Sharmila, by setting her ablaze. The prosecution's case relied heavily on the dying declaration (Exh.41) recorded by PSI Yashwant Rao Shinde on 08.09.2013 at KEM Hospital. According to the dying declaration, Sharmila stated that on the day of the incident, she had fever and did not wish to go to work, but the appellant forced her to go and earn daily wages. When she returned, the appellant demanded Rs.200 for liquor, and upon her refusal, he poured kerosene on her and set her on fire. The trial court convicted the appellant based on this dying declaration. On appeal, the Bombay High Court examined the reliability of the dying declaration. The court noted that the dying declaration was not recorded in the exact words of the deceased but was paraphrased by the Investigating Officer. Additionally, there was no certificate from the doctor certifying that the deceased was in a fit state of mind to make the declaration at the time of recording. The court held that the dying declaration was unreliable and could not form the sole basis for conviction. The court also observed that the prosecution failed to prove the guilt of the appellant beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Evidence Law - Dying Declaration - Reliability - Section 32(1) of Indian Evidence Act, 1872 - Dying declaration must be recorded in the exact words of the deceased and must be free from any tutoring or prompting - In the present case, the dying declaration was not recorded in the exact words of the deceased but was paraphrased by the Investigating Officer, and there was no certificate of fitness from the doctor regarding the deceased's mental state at the time of recording - Held that the dying declaration is unreliable and cannot form the sole basis for conviction (Paras 10-14). B) Criminal Law - Murder - Section 302 of Indian Penal Code, 1860 - Conviction based solely on dying declaration - If the dying declaration is found to be suspicious or unreliable, the accused is entitled to benefit of doubt - The prosecution failed to prove the guilt of the appellant beyond reasonable doubt - Held that the appeal is allowed and the conviction is set aside (Paras 15-16).
Issue of Consideration
Whether the dying declaration (Exh.41) recorded by PSI Yashwant Rao Shinde is reliable and can form the sole basis for conviction under Section 302 IPC.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Dying declaration must be recorded in exact words of deceased
- Dying declaration must be free from tutoring or prompting
- Conviction can be based solely on dying declaration if it is reliable
- Benefit of doubt if dying declaration is suspicious
- Section 302 IPC requires proof of intention to cause death
