Case Note & Summary
The appellant, Ajay Marotrao Thakre, was convicted by the Sessions Court for the murder of his wife, Nanda, by setting her on fire. The prosecution's case relied heavily on a dying declaration recorded by a police officer on 20 March 2014, the day after the incident, in which the deceased allegedly blamed the appellant. The appellant appealed against his conviction. The High Court examined the admissibility of the dying declaration. It noted that the dying declaration was recorded by a police officer without any certification from a doctor that the deceased was in a fit state of mind to make the statement. The court held that such a dying declaration is not admissible under Section 32 of the Indian Evidence Act, 1872, as the law requires that the person making the declaration must be in a fit state of mind, and the best evidence of that is a medical certification. The court also observed that there was no other corroborating evidence to support the conviction. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant, giving him the benefit of the doubt.
Headnote
A) Evidence Law - Dying Declaration - Admissibility - Section 32 Indian Evidence Act, 1872 - Dying declaration recorded by a police officer without a doctor's certification that the deceased was in a fit state of mind is not admissible as a dying declaration - Held that the absence of medical certification renders the dying declaration unreliable and inadmissible (Paras 10-12). B) Criminal Law - Murder - Conviction based on Dying Declaration - Section 302 Indian Penal Code, 1860 - Conviction cannot be sustained solely on an uncorroborated dying declaration that is found to be unreliable - Held that when the dying declaration is the sole basis of conviction and is found to be inadmissible, the appellant is entitled to acquittal (Paras 13-15).
Issue of Consideration
Whether the dying declaration recorded by a police officer without certification of the deceased's fitness by a doctor is admissible and reliable to sustain a conviction for murder under Section 302 of the Indian Penal Code, 1860.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Bail bonds cancelled.
Law Points
- Dying declaration
- Admissibility
- Section 32 Indian Evidence Act
- 1872
- Certification of fitness
- Police officer recording
- Corroboration
- Benefit of doubt
