Case Note & Summary
The appellant, Raju Kondiram More, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of his wife, Jana Raju More, by setting her on fire. The prosecution case relied heavily on two dying declarations: one recorded by Police Sub-Officer S.K. Bhosale (PW-6) at the hospital, and another recorded by an Executive Magistrate. The trial court convicted the appellant based on these declarations. On appeal, the Bombay High Court examined the consistency and reliability of the dying declarations. The court found material contradictions between the two declarations regarding the manner of the incident and the role of the appellant. Additionally, the medical evidence did not corroborate the dying declarations, and there was no independent witness to support the prosecution's version. The court held that in the absence of corroboration and due to the inconsistencies, the dying declarations could not form the sole basis for conviction. Consequently, the High Court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 IPC, Section 32 Indian Evidence Act, 1872 - Conviction based on dying declarations - Inconsistency between two dying declarations - One recorded by police officer and another by Executive Magistrate - Held that when dying declarations are contradictory and not corroborated by medical evidence or other circumstances, conviction cannot be sustained - Appeal allowed, acquittal ordered (Paras 1-17).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 based on dying declarations is sustainable when the dying declarations are inconsistent and lack corroboration.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Dying declaration
- Corroboration
- Section 302 IPC
- Indian Evidence Act
- 1872
- Section 32
- Inconsistency
- Acquittal
