Case Note & Summary
The appellants, Duryodhan Mahadeo Tantarpale and Gangadhar Vishwanath Tantarpale, were convicted by the Sessions Judge, Achalpur in Sessions Trial No. 54/2001 for the murder of Kisan Dhakade under Section 302 read with Section 34 of the Indian Penal Code, 1860, and sentenced to life imprisonment with a fine of Rs. 1000 each. The prosecution case was that on 11 March 2001 at about 9:00 p.m., there was an exchange of words between the deceased Kisan and his wife Usha. The appellants, who were Usha's brothers, came and thrashed Kisan with kicks and fist blows. Duryodhan caught his waist while Gangadhar poured kerosene on him and set him alight with a matchstick. Kisan extinguished the fire and went to his brother's house at Saur, from where he was taken to Irwin Hospital, Amravati. His dying declaration was recorded by a Special Judicial Magistrate, leading to registration of an offence under Section 307 IPC. On 23 November 2001, Kisan succumbed to his injuries, and the offence was converted to Section 302 IPC. The trial court convicted both accused. The appellants appealed, arguing that the dying declaration was not reliable and that there was no independent witness. The High Court examined the dying declaration and found it to be consistent, voluntary, and corroborated by medical evidence. The court held that the dying declaration was trustworthy and sufficient to sustain the conviction. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 read with Section 34 Indian Penal Code, 1860 - Appellants convicted for murder of deceased by pouring kerosene and setting him on fire - The dying declaration recorded by Special Judicial Magistrate was found credible and corroborated by medical evidence - Held that the dying declaration alone can form the basis of conviction if it is trustworthy and free from tutoring (Paras 1-10).
Issue of Consideration
Whether the dying declaration is reliable and sufficient to convict the appellants for murder under Section 302 read with Section 34 IPC.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Sessions Judge, Achalpur in Sessions Trial No. 54/2001 are upheld.
Law Points
- Dying declaration
- Section 302 IPC
- Section 34 IPC
- Common intention
- Credibility of dying declaration
- Medical evidence corroboration
Case Details
2010 LawText (BOM) (01) 86
Criminal Appeal No. 318/2004
Mr. R.M. Daga for the appellants, Mr. T.A. Mirza, APP for the respondent
Duryodhan Mahadeo Tantarpale and Gangadhar Vishwanath Tantarpale
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Nature of Litigation
Criminal appeal against conviction for murder
Remedy Sought
Appellants sought acquittal from conviction under Section 302 read with Section 34 IPC
Filing Reason
Appellants were convicted for murder of Kisan Dhakade by pouring kerosene and setting him on fire
Previous Decisions
Sessions Judge, Achalpur convicted appellants in Sessions Trial No. 54/2001 on 13.5.2004
Issues
Whether the dying declaration is reliable and sufficient to convict the appellants
Whether the conviction under Section 302 read with Section 34 IPC is sustainable
Submissions/Arguments
Appellants argued that the dying declaration was not reliable and there was no independent witness
Prosecution argued that the dying declaration was voluntary, consistent, and corroborated by medical evidence
Ratio Decidendi
A dying declaration, if found to be credible, voluntary, and corroborated by medical evidence, can form the sole basis for conviction under Section 302 IPC. The court found no reason to disbelieve the dying declaration recorded by the Special Judicial Magistrate.
Judgment Excerpts
By this appeal, the appellants take exception to the judgment and order dated 13.5.2004 passed by Sessions Judge, Achalpur in Sessions Trial No. 54/2001 convicting the appellants for offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentencing each of them to suffer imprisonment for life and to pay fine of Rs. 1000/ and in default to suffer R.I. for three months.
On 11/3/2001 at about 9.00 p. m. there was exchange of words between deceased Kisan and his wife Usha. The accused, who are his brothers of Usha came there and thrashed Kisan Dhakade with kicks and fist blows. Duryodhan caught his waist and Gangadhar poured kerosene and lit him by the match stick and thereafter both of them ran away.
Procedural History
The incident occurred on 11.3.2001. Dying declaration recorded, offence under Section 307 IPC registered. Deceased died on 23.11.2001, offence converted to Section 302 IPC. Chargesheet filed, case committed to Sessions Court. Sessions Trial No. 54/2001 resulted in conviction on 13.5.2004. Appeal filed in High Court on 15.1.2010.
Acts & Sections
- Indian Penal Code, 1860: 302, 34, 307
