Case Note & Summary
The appellant, Navin Bhimrao Bansode, was convicted by the trial court under Sections 302, 323 and 506 of the Indian Penal Code for the murder of his wife Pushpa. The prosecution case was that on 16.10.2012, the appellant came home drunk, assaulted the deceased, and later poured kerosene on her and set her on fire. The deceased succumbed to burn injuries. The prosecution relied on two dying declarations: one recorded by a police officer and another by a Special Judicial Magistrate. However, the two dying declarations were inconsistent. In the first dying declaration, the deceased stated that the appellant poured kerosene on her and set her on fire. In the second dying declaration, she stated that she caught fire accidentally while cooking. The medical evidence also did not support the prosecution case. The High Court held that when there are inconsistencies between dying declarations, the court must scrutinize them carefully. If they are irreconcilable, the benefit of doubt must go to the accused. The court found that the dying declarations were contradictory and there was no other corroborative evidence. Therefore, the prosecution failed to prove the charge beyond reasonable doubt. The court set aside the conviction and acquitted the appellant.
Headnote
A) Evidence Law - Dying Declaration - Reliability - Inconsistency - Indian Evidence Act, 1872, Section 32(1) - Two dying declarations recorded in this case were inconsistent with each other regarding the manner of incident and the role of the accused - The first dying declaration stated that the accused poured kerosene and set the deceased on fire, while the second dying declaration stated that the deceased caught fire accidentally while cooking - Held that when there are inconsistencies between dying declarations, the court must scrutinize them carefully and if they are irreconcilable, the benefit of doubt must go to the accused (Paras 10-15). B) Criminal Law - Murder - Conviction - Indian Penal Code, 1860, Section 302 - The prosecution failed to prove the charge of murder beyond reasonable doubt as the dying declarations were contradictory and there was no other corroborative evidence - The medical evidence did not support the prosecution case that the deceased was set on fire by the accused - Held that the conviction under Section 302 IPC cannot be sustained (Paras 16-20). C) Criminal Law - Hurt and Criminal Intimidation - Indian Penal Code, 1860, Sections 323 and 506 - Since the main charge of murder failed, the charges under Sections 323 and 506 also failed as they were based on the same incident - Held that the conviction under these sections is also set aside (Para 21).
Issue of Consideration
Whether the dying declarations recorded in this case are reliable and sufficient to sustain the conviction of the appellant under Section 302, 323 and 506 of Indian Penal Code.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Dying declaration
- Corroboration
- Inconsistency
- Section 302 IPC
- Section 323 IPC
- Section 506 IPC
