Case Note & Summary
The appellant, Dattaji Sambha Kendre, was convicted by the Additional Sessions Judge, Alibag-Raigad on 30th April 1998 for the offence punishable under Section 498A of the Indian Penal Code, 1860 and sentenced to rigorous imprisonment for two years and a fine of Rs.1,000/-. The conviction was based solely on three dying declarations made by the deceased. The appellant appealed to the Bombay High Court. The core legal issue was whether the Trial Court was justified in founding conviction solely on three inconsistent dying declarations. The High Court noted that consistency in dying declarations is a very relevant factor and when contradictory and inconsistent stands are taken by the deceased herself in different dying declarations, they cannot be accepted on their face value. As a rule of prudence, corroboration must be sought from other evidence on record. The court relied on the Supreme Court judgment in Samadhan Dhudhaka Koli v. State of Maharashtra, which held that a conviction can be based on a dying declaration alone only if the court is satisfied that it was true and voluntary, and for ascertaining truth, the court may look into other circumstances. The High Court found that the three dying declarations were inconsistent with each other and there was no other corroborating evidence. Therefore, the conviction was unsustainable. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted. The bail bonds were discharged.
Headnote
A) Criminal Law - Dying Declaration - Inconsistency - Corroboration - Indian Penal Code, 1860, Section 498A - When a deceased makes contradictory and inconsistent statements in different dying declarations, they cannot be accepted on face value and as a rule of prudence, corroboration must be sought from other evidence on record. The court held that the conviction based solely on three inconsistent dying declarations was unsustainable (Paras 2, 4, 6).
Issue of Consideration
Whether the Trial Court was justified in founding conviction under Section 498A of the Indian Penal Code, 1860 solely on three inconsistent dying declarations of the deceased?
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted. Bail bonds discharged.
Law Points
- Dying declaration
- inconsistency
- corroboration
- rule of prudence
- Section 498A IPC
