Case Note & Summary
The appellant, Vikram Rajaram Chourasiya, was convicted by the learned Additional Sessions Judge, Nashik, for the murder of Laxmi Mukunda Bangad under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 26.03.2013, the appellant took Laxmi on his motorcycle to meet a friend, but instead took her to a field hut, threatened her with a knife, and inflicted three blows on her neck. Laxmi survived initially and made an oral dying declaration to witnesses and a written dying declaration. The appellant appealed against the conviction. The High Court examined the evidence, particularly the dying declarations. The oral dying declaration (Exh. 28) was allegedly made to PW-1 (Police Patil) and PW-3 (Hariman Jadhav), but their testimonies were inconsistent regarding the time and content. The written dying declaration (Exh. 29) was recorded by a police officer without a magistrate or medical officer present, and the doctor (PW-5) stated Laxmi was not in a fit state to make a statement. The court found that the prosecution failed to prove the dying declarations beyond reasonable doubt. The medical evidence showed injuries consistent with a knife but did not corroborate the exact sequence. The court held that the conviction based solely on unreliable dying declarations was unsustainable and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Dying Declaration - Section 32 Indian Evidence Act, 1872 - Reliability - The court examined the evidentiary value of dying declarations and held that for a conviction based solely on a dying declaration, the declaration must be consistent, reliable, and free from doubt. In the present case, the oral dying declaration (Exh. 28) was not proved beyond reasonable doubt as the witnesses contradicted each other, and the written dying declaration (Exh. 29) was not recorded in the presence of a magistrate or medical officer as required. Held that the prosecution failed to prove the dying declarations beyond reasonable doubt (Paras 10-15). B) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on dying declaration - The court held that when the prosecution case rests solely on dying declarations, any inconsistency or doubt in the declarations must result in acquittal. The appellant was entitled to benefit of doubt as the dying declarations were not reliable and the medical evidence did not corroborate the manner of assault alleged. Held that the conviction under Section 302 IPC was unsustainable (Paras 16-20).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on dying declarations is sustainable in law when the dying declarations are inconsistent and not corroborated by other evidence.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Bail bonds discharged.
Law Points
- Dying declaration must be consistent and reliable
- Oral dying declaration requires strict proof
- Written dying declaration must be recorded in presence of magistrate or medical officer
- Benefit of doubt when prosecution case rests solely on dying declaration with inconsistencies
