Case Note & Summary
The State of Maharashtra appealed against the acquittal of Bhagwan Sukhadeo Bhandalkar (respondent-accused) for the murder of his wife, Sadhana, by burning. The incident occurred on 10/03/2003 when the deceased returned to her conjugal home and found the accused consuming liquor. According to the prosecution, the accused and his associate Ashwini poured kerosene on the deceased and set her ablaze. The deceased initially told police it was a stove accident but later gave a dying declaration (Exh.17) implicating the accused. The trial court acquitted the accused, finding the dying declaration unreliable. The High Court examined the dying declaration and found that the doctor's endorsement of consciousness was missing, and the medical evidence suggested the deceased had 100% burns and was not in a condition to speak. The court noted that the dying declaration was recorded by a police officer without prior certification of fitness by a doctor, and there were inconsistencies with the FIR. The court held that the trial court's view was plausible and not perverse, and therefore declined to interfere with the acquittal. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - The State appealed against acquittal of husband for murder by burning. The dying declaration recorded by police officer was found unreliable due to inconsistencies with medical evidence regarding the deceased's condition and lack of corroboration. The High Court held that the trial court's acquittal was not perverse and declined to interfere. (Paras 1-15) B) Evidence Law - Dying Declaration - Reliability - Section 32(1) Indian Evidence Act, 1872 - The dying declaration must be consistent and credible. In this case, the doctor's endorsement that the deceased was conscious was absent, and the declaration contradicted the medical opinion on the deceased's ability to speak. The court held that such a dying declaration cannot form the sole basis for conviction. (Paras 8-12) C) Criminal Procedure - Appeal against Acquittal - Section 378(1) Code of Criminal Procedure, 1973 - The High Court's power to reverse acquittal is limited to cases where the trial court's view is perverse or unreasonable. Here, the trial court's assessment of evidence was plausible, and the appeal was dismissed. (Paras 1, 15)
Issue of Consideration
Whether the dying declaration of the deceased was reliable and sufficient to convict the accused for murder under Section 302 IPC, and whether the trial court's acquittal was perverse or unreasonable.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the respondent-accused.
Law Points
- Dying declaration must be reliable and consistent with medical evidence
- Corroboration of dying declaration is not mandatory but necessary when inconsistencies exist
- Acquittal cannot be reversed unless perverse or unreasonable
