Case Note & Summary
The State of Maharashtra appealed against the judgment and order of acquittal dated 2nd May 2000 passed by the learned Sessions Judge, Satara, in Sessions Case No.109 of 1999, acquitting the respondent Suresh Genu Pawar for offences punishable under Sections 498A and 302 of the Indian Penal Code (IPC). The case arose from the death of Shubhadra Pawar, who sustained 92% burn injuries on 27th May 1998 and succumbed on 9th June 1999. The prosecution's case was based on a dying declaration recorded by Police Head Constable Yuvraj Tate (PW5) at the hospital, wherein the deceased stated that on 26th May 1998, a quarrel occurred between her and her husband over Rs.50/- which she had kept in utensils. She alleged that her husband poured kerosene on her and set her on fire. However, the trial court found inconsistencies between this dying declaration and another dying declaration recorded earlier by a Special Executive Magistrate, which did not mention the quarrel over money or the act of pouring kerosene. The trial court acquitted the accused giving him the benefit of doubt. The High Court, on appeal, examined the evidence and found that the dying declarations were inconsistent on material particulars. The court noted that the first dying declaration recorded by the Special Executive Magistrate did not implicate the accused, while the second one recorded by the police did. The court held that when there are inconsistencies between dying declarations, the court must scrutinize them carefully and if they are not reliable, the accused is entitled to benefit of doubt. The court also observed that there was no other corroborative evidence to support the prosecution's case. Consequently, the High Court dismissed the appeal and upheld the acquittal.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Inconsistency - Multiple dying declarations contradicting each other on material facts - Held that when there are inconsistencies between dying declarations, the court must scrutinize them carefully and if they are not reliable, the accused is entitled to benefit of doubt (Paras 5-10). B) Criminal Law - Section 302 IPC - Murder - Dying Declaration - Corroboration - Absence of corroboration to dying declaration - Held that conviction can be based on dying declaration alone if it is truthful and voluntary, but if there are doubts, corroboration is necessary (Paras 5-10). C) Criminal Law - Section 498A IPC - Cruelty - Dying Declaration - Allegation of demand of money - Inconsistency in dying declarations regarding the reason for quarrel - Held that inconsistency creates doubt and accused is entitled to acquittal (Paras 5-10).
Issue of Consideration
Whether the dying declaration of the deceased is reliable and sufficient to convict the accused for offences under Sections 498A and 302 IPC.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the learned Sessions Judge, Satara, is upheld.
Law Points
- Dying declaration
- Corroboration
- Inconsistency
- Benefit of doubt
- Section 302 IPC
- Section 498A IPC
