Case Note & Summary
The appellant, Sambhaji Sirsat, was convicted under Section 302 IPC for allegedly setting his wife Babita ablaze on 6.7.2007. The prosecution's case rested primarily on a dying declaration recorded by ASI Balaji Jadhav (PW5) at the hospital, wherein Babita stated that the appellant, under the influence of liquor, abused her and asked her to set herself ablaze, and then set her on fire. The appellant appealed against the conviction. The High Court examined the dying declaration and found that the medical officer's certification regarding Babita's fitness to give a statement was not properly obtained, and the declaration contained inconsistencies. The court noted that the dying declaration was recorded at 5.20 p.m., but the FIR was registered later, and there was no independent corroboration. The court also observed that the deceased had 99% burns, raising doubts about her capacity to make a coherent statement. Consequently, the court held that the dying declaration was not reliable and the prosecution failed to prove guilt beyond reasonable doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Dying Declaration - Section 32 Indian Evidence Act, 1872 - Credibility - The dying declaration recorded by an ASI without proper medical certification that the deceased was in a fit state of mind to make the statement, and containing inconsistencies with other evidence, was held to be unreliable. The court found that the prosecution failed to prove the guilt beyond reasonable doubt. (Paras 1-10) B) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based solely on dying declaration - The court held that a conviction can be based on a dying declaration if it is found to be truthful and voluntary, but in this case, the dying declaration was not corroborated and had contradictions, leading to acquittal. (Paras 1-10)
Issue of Consideration
Whether the dying declaration of the deceased was reliable and sufficient to sustain a conviction under Section 302 IPC without corroboration.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Dying declaration
- Section 302 IPC
- Section 32 Indian Evidence Act
- 1872
- credibility of dying declaration
- corroboration
- medical certification
- inconsistency
