Case Note & Summary
The appellant, Avinash Baburao Rayate, was convicted by the Sessions Judge, Nashik, for the murder of his wife, Sarika Rayate, under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The prosecution case was that on 3rd November 2008, the appellant quarreled with the deceased over a petty matter, poured thinner on her, and set her on fire. The deceased sustained 47% burn injuries and died on 30th November 2008. The appellant also sustained injuries while trying to extinguish the fire. The deceased made multiple dying declarations: to her brother Nitin (PW2) on the way to the hospital, to police officer Rafiq Mastan Shaikh (PW5) which was treated as FIR, and to Executive Magistrate Shrikant Gholap (PW3). All declarations consistently stated that the appellant set her on fire. The appellant challenged the conviction on the ground that the dying declarations were not reliable and that the prosecution failed to prove the case beyond reasonable doubt. The High Court examined the evidence and found that the dying declarations were consistent, voluntary, and corroborated by medical evidence and the appellant's own conduct. The court held that a dying declaration can be the sole basis for conviction if it is truthful and reliable. The court also noted the motive established by prior threats and abuse. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 32 Indian Evidence Act, 1872 - Section 302 Indian Penal Code, 1860 - The appellant-husband was convicted for murdering his wife by pouring thinner and setting her on fire. The court examined the credibility of multiple dying declarations made by the deceased to her brother, police, and Executive Magistrate. Held that the dying declarations were consistent, voluntary, and corroborated by medical evidence and the appellant's own conduct in sustaining injuries while trying to extinguish the fire. The conviction was upheld. (Paras 1-13) B) Criminal Law - Dying Declaration - Credibility - Section 32 Indian Evidence Act, 1872 - The court held that a dying declaration can be the sole basis for conviction if it is found to be truthful, voluntary, and free from tutoring. In this case, the deceased's statements were recorded by different authorities at different times and were consistent, thus reliable. (Paras 7-12) C) Criminal Law - Motive - Section 302 Indian Penal Code, 1860 - The prosecution established motive through evidence of prior threats and abuse by the appellant towards the deceased. The deceased had lodged an NC complaint against the appellant for threatening to kill her by burning. This motive supported the dying declarations. (Paras 2-3)
Issue of Consideration
Whether the dying declarations of the deceased are credible and sufficient to sustain the conviction of the appellant under Section 302 of the Indian Penal Code
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 under Section 302 IPC
- circumstantial evidence
- motive
- burn injuries
