Case Note & Summary
The appellant, Suresh Madhukar Shendre, was convicted by the Additional Sessions Judge, Chandrapur, for the murder of his wife, Chhaya, under Section 302 of the Indian Penal Code, 1860, and sentenced to life imprisonment with a fine of Rs. 50,000. The prosecution case was that on 3 September 2015, the appellant, in a drunken state, quarreled with his wife over burnt meat and set her on fire, resulting in her death. The informant, Sunil Shendre, a neighbour, heard the quarrel and saw the appellant assaulting the deceased. The deceased succumbed to her injuries and before her death, she gave a dying declaration to a Special Executive Magistrate, implicating the appellant. The appellant challenged the conviction on the ground that the dying declaration was not reliable and that there was no other evidence to corroborate it. The High Court, after hearing both sides, examined the dying declaration and found it to be voluntary, truthful, and consistent with the medical evidence. The court held that a dying declaration can be the sole basis for conviction if it inspires confidence. The court also noted that the appellant had a history of domestic violence and that the incident occurred over a trivial issue. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Dying Declaration - Section 32 Indian Evidence Act, 1872 - Credibility - The dying declaration of the deceased was recorded by a Special Executive Magistrate and was found to be voluntary, truthful, and consistent with the medical evidence. The court held that a dying declaration can be the sole basis for conviction if it inspires confidence and is free from tutoring or prompting. (Paras 10-15) B) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Life Imprisonment - The appellant was convicted for murdering his wife by setting her on fire after a quarrel over burnt meat. The court upheld the life sentence, noting that the dying declaration clearly implicated the appellant and the medical evidence supported the cause of death as burn injuries. (Paras 16-20)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code is sustainable on the basis of the dying declaration and other circumstantial evidence.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 IPC are upheld.
Law Points
- Dying declaration
- Section 32 Indian Evidence Act
- 1872
- credibility of dying declaration
- conviction on dying declaration without corroboration
- Section 302 Indian Penal Code
- 1860
- murder
- life imprisonment
