Case Note & Summary
The appellant, Vijay Radhaji Bhandare, was convicted by the Trial Court under Section 302 IPC for the murder of his wife, Sindhubai, by setting her ablaze. The prosecution case was based on an oral dying declaration and two written dying declarations allegedly made by the deceased. The appellant appealed against the conviction. The High Court examined the evidence and found that the dying declarations were inconsistent with each other and with the medical evidence. The oral dying declaration was not corroborated, and the written dying declarations contained discrepancies regarding the time of death and the manner of the incident. The court held that the prosecution failed to prove the case beyond reasonable doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted. The court directed his release unless required in any other case.
Headnote
A) Criminal Law - Murder - Dying Declaration - Reliability - Section 302 IPC - The court examined the reliability of two written dying declarations and an oral dying declaration. The dying declarations were found to be inconsistent with each other and with the medical evidence regarding the time of death. The court held that a dying declaration must be reliable and consistent to form the sole basis of conviction. (Paras 5-10) B) Evidence Law - Dying Declaration - Corroboration - Section 32 of Indian Evidence Act, 1872 - The court held that when dying declarations are inconsistent and not corroborated by medical evidence, they cannot be relied upon to convict the accused. The prosecution failed to prove the case beyond reasonable doubt. (Paras 11-15) C) Criminal Procedure - Appeal - Acquittal - Section 386 CrPC - The court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant, directing his release unless required in any other case. (Para 16)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on dying declarations is sustainable when the dying declarations are inconsistent and not corroborated by medical evidence.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted. Directed to be released unless required in any other case.
Law Points
- Dying declaration must be reliable and consistent
- Dying declaration not corroborated by medical evidence cannot be sole basis for conviction
- Oral dying declaration must be tested for reliability
- Written dying declarations must be consistent with each other and with medical evidence
