Case Note & Summary
The appellant, Sandip Prakash Rathod, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Kavita, by setting her on fire. The prosecution alleged that on 17 September 2013, the appellant poured kerosene on Kavita and ignited her, leading to her death. The appellant was sentenced to life imprisonment. The High Court of Bombay at Aurangabad heard the appeal. The court examined the dying declarations made by the deceased, which were recorded by a police head constable and later by a Special Judicial Magistrate. The court found significant inconsistencies between the two dying declarations: in the first, the deceased stated that the appellant poured kerosene and set her on fire, while in the second, she stated that she caught fire accidentally while cooking. The medical evidence also indicated that the burns were consistent with accidental fire. The court held that the dying declarations were unreliable and lacked corroboration. The court also noted that the other accused were acquitted, and there was no independent witness to support the prosecution's case. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Dying Declaration - Corroboration - Inconsistency - Indian Penal Code, 1860, Section 302 - The court considered the admissibility and reliability of dying declarations where multiple declarations exist with contradictions. Held that when there are inconsistencies between dying declarations, the court must scrutinize them carefully and seek corroboration. In this case, the dying declarations were contradictory regarding the role of the appellant, and the medical evidence did not support the prosecution's version. The conviction was set aside (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code is sustainable based on the dying declarations and other evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Dying declaration
- Corroboration
- Inconsistency
- Section 302 IPC
- Section 498-A IPC
- Section 34 IPC
