Case Note & Summary
The case involves two criminal appeals arising from a judgment of the Additional Sessions Judge, Pune, convicting the appellants for the murder of a person. The prosecution case was that on 30 November 2011, the deceased was assaulted by the appellants with a scythe and other weapons, leading to his death. The deceased's wife, Savitribai, witnessed the incident and her husband made a dying declaration implicating the appellants. The trial court convicted the appellants under Section 302 read with Section 34 of the Indian Penal Code, 1860, sentencing them to life imprisonment. The appellants challenged the conviction, arguing that the dying declaration was unreliable and that the prosecution failed to prove its case beyond reasonable doubt. The State also appealed against the acquittal of other accused. The High Court examined the evidence, particularly the dying declaration, and found it to be credible, voluntary, and consistent. The court noted that the deceased had named the appellants and described the assault in detail. The court also considered the medical evidence and the circumstances surrounding the incident. The High Court held that the dying declaration was sufficient to sustain the conviction of the appellants. The appeal of appellant No. 1 (Ramdas Marne) abated due to his death. The court dismissed the appeals of the other appellant and the State, upholding the conviction.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 32 of Indian Evidence Act, 1872 - Conviction based on dying declaration - The deceased, in his dying declaration, implicated the appellants for assaulting him with a scythe and catching hold of him, while others exhorted to eliminate him. The court held that the dying declaration was credible, voluntary, and consistent, and thus sufficient to sustain the conviction of the appellants under Section 302 read with Section 34 of IPC. (Paras 1-32) B) Criminal Procedure - Abatement of Appeal - Death of Appellant - The appeal abated as against appellant No. 1 (Ramdas Marne) who expired during the pendency of the appeal. (Para 2)
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 of the Indian Penal Code, 1860, based on the dying declaration of the deceased, is sustainable in law.
Final Decision
The appeal of appellant No. 1 (Ramdas Marne) abated due to his death. The appeals of appellant No. 2 (Raju Shedge) and the State were dismissed, upholding the conviction.
Law Points
- Dying declaration
- Section 32 of Indian Evidence Act
- 1872
- Section 302 read with Section 34 of Indian Penal Code
- 1860
- Conviction based on dying declaration
- Appreciation of evidence
- Abatement of appeal on death of appellant
