Case Note & Summary
The State of Maharashtra appealed against the acquittal of Balu Chandar Rajput for offences under Sections 302 and 307 IPC. The case arose from an incident on 30 October 2000 where the accused allegedly hit the deceased Bhagwan Bhiva Rajput with a stone on the chest and assaulted his wife with a sickle. The deceased's statement was recorded by a police head constable (PW11) at the hospital without a doctor certifying his fitness. The trial court acquitted the accused, finding the dying declaration unreliable. The High Court upheld the acquittal, noting that the dying declaration lacked medical certification and the oral dying declaration to the wife and villagers was not corroborated by medical evidence or other witnesses. The court held that the trial court's findings were not perverse and declined to interfere.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Section 32 Indian Evidence Act, 1872 - Dying declaration recorded by police head constable without certification of fitness by doctor held unreliable - Court held that absence of medical certification raises doubt about the declarant's mental fitness to make statement, and such declaration cannot be sole basis for conviction (Paras 7-10). B) Criminal Law - Oral Dying Declaration - Corroboration - Sections 302, 307 IPC - Oral dying declaration made to wife and villagers not corroborated by medical evidence or other witnesses - Court held that oral dying declaration must be corroborated by independent evidence; in absence of corroboration, conviction cannot be sustained (Paras 11-14). C) Criminal Law - Acquittal Appeal - Interference by High Court - Section 378 CrPC - High Court will not interfere with acquittal unless findings are perverse or unreasonable - Court held that trial court's acquittal based on appreciation of evidence is not perverse, hence no interference warranted (Paras 15-16).
Issue of Consideration
Whether the dying declaration recorded by a police head constable without medical certification of fitness is reliable, and whether the oral dying declaration is corroborated by other evidence to sustain conviction under Sections 302 and 307 IPC.
Final Decision
Appeal dismissed. The judgment and order of acquittal passed by the trial court is confirmed.
Law Points
- Dying declaration
- reliability
- corroboration
- medical certification
- Section 32 Indian Evidence Act
- 1872
- Section 302 IPC
- Section 307 IPC
