Case Note & Summary
The case pertains to the conviction of three appellants (original accused Nos. 1, 5, and 6) under Section 302 read with Section 34 of the Indian Penal Code for the murder of Godavari. The prosecution relied heavily on two dying declarations made by the deceased: one recorded by Naib Tahsildar Surekha Patwe (PW1) at 4:30 a.m. on 19.9.2006 (Exhibit 27) and another recorded by Police Inspector Gautam Fasale (PW10) at 11:00 a.m. on the same day (Exhibit 52). The trial court convicted the appellants based on these declarations. On appeal, the High Court scrutinized the dying declarations and found material inconsistencies between them. In the first declaration, the deceased stated that she was set on fire by her husband (accused No.1) and mother-in-law (accused No.5) after a quarrel, while in the second declaration, she implicated additional accused and gave a different account of the incident. The medical evidence, including the opinion of the doctor (PW8), indicated that the deceased had 100% burns and was not in a fit state to make a coherent statement at the time of the first declaration. The court also noted that the dying declarations were not corroborated by any independent witness or circumstantial evidence. The High Court held that the dying declarations were unreliable and could not form the sole basis for conviction. Consequently, the appeals were allowed, the conviction and sentence were set aside, and the appellants were acquitted.
Headnote
A) Criminal Law - Murder - Dying Declaration - Reliability - Inconsistencies - The court examined whether the dying declarations recorded by the Naib Tahsildar and the Police Officer were consistent and reliable. Held that the dying declarations were contradictory regarding the manner of assault and the number of accused, and the medical evidence did not support the version in the declarations. Consequently, the conviction was set aside (Paras 1-20).
Issue of Consideration
Whether the dying declarations of the deceased were reliable and sufficient to sustain the conviction of the appellants for murder under Section 302 read with Section 34 IPC.
Final Decision
Appeals allowed. Conviction and sentence set aside. Appellants acquitted.
Law Points
- Dying declaration
- Corroboration
- Section 302 IPC
- Section 34 IPC
- Indian Evidence Act
- 1872
