Case Note & Summary
The State of Maharashtra appealed against the acquittal of Arun Balkrishna Mhatre and Nandkumar Balaram Mayekar (respondents-accused) in Sessions Case No. 10 of 1996 for the murder of Anil Chitnis, an editor of a newspaper called 'Thingi'. The prosecution case was that on 28 September 1995, the deceased was assaulted by the accused with a 'gupti' (a sharp weapon) on his chest and abdomen because he used to complain to the police about them. The deceased was admitted to Civil Hospital, Alibag, and PSI Mahaldar (PW-1) recorded his statement, which was treated as a dying declaration. Subsequently, an Executive Magistrate recorded a further dying declaration. The investigation, conducted by PSI Bagave (PW-7), included spot panchnama, seizure of a sickle, and forensic reports. The trial court acquitted the accused, finding the dying declarations unreliable due to inconsistencies. The State appealed, arguing that the three dying declarations were consistent. The High Court, per Prasanna B. Varale and V.G. Bisht, JJ., dismissed the appeal, holding that the dying declarations contained material contradictions regarding the weapon used (gupti vs. sickle) and the presence of witnesses, making them unreliable. The court noted that the trial court's findings were not perverse and that in an appeal against acquittal, the High Court should not interfere unless the findings are unreasonable. The court upheld the acquittal, emphasizing that the prosecution failed to prove guilt beyond reasonable doubt.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Inconsistencies - The court examined three dying declarations which contained contradictions regarding the weapon used (gupti vs. sickle) and the presence of witnesses. Held that such inconsistencies render the dying declarations unreliable and insufficient to base a conviction. (Paras 1-6) B) Criminal Procedure - Appeal Against Acquittal - Scope - The High Court, in an appeal against acquittal, will not interfere unless the findings are perverse or unreasonable. Held that the trial court's appreciation of evidence was plausible and not perverse. (Paras 1-6) C) Evidence Act - Dying Declaration - Corroboration - A dying declaration, though admissible without corroboration, must be consistent and trustworthy. Held that in the absence of corroboration and presence of material inconsistencies, the dying declarations cannot form the sole basis for conviction. (Paras 1-6)
Issue of Consideration
Whether the dying declarations recorded were reliable and sufficient to convict the accused for murder under Section 302 read with 34 IPC, and whether the trial court's acquittal was perverse.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the respondents-accused.
Law Points
- Dying declaration
- reliability
- corroboration
- inconsistency
- acquittal appeal
- Section 302 IPC
- Section 34 IPC
- Section 313 CrPC
