Case Note & Summary
The appellant, Prakash Mahadeo Ghorpade, was convicted under Section 302 IPC for the murder of his sister-in-law, Gangabai, by setting her on fire. The prosecution alleged that the appellant poured kerosene on her and ignited her. The trial court convicted him based on two dying declarations. On appeal, the Bombay High Court scrutinized the dying declarations and found material inconsistencies. The first declaration recorded by the Special Executive Magistrate stated that the appellant poured kerosene and set her on fire, while the second declaration recorded by a police constable omitted the mention of kerosene. The court also noted that the medical evidence did not confirm the presence of kerosene on the deceased's clothes, and the motive was not proved. The court held that the dying declarations were unreliable and lacked corroboration. Consequently, the appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Section 32 Indian Evidence Act, 1872 - The court examined the dying declarations recorded by the Special Executive Magistrate and the police constable, finding inconsistencies regarding the presence of kerosene and the manner of ignition. Held that a dying declaration must be consistent and reliable to form the sole basis of conviction, and in this case, the discrepancies rendered the declarations unreliable (Paras 5-10). B) Criminal Law - Murder - Circumstantial Evidence - Section 302 IPC - The prosecution failed to prove the motive and the chain of circumstances was incomplete. The court noted that the alleged motive of transfer of motorcycle and contract license was not established, and the chemical analysis report did not confirm kerosene on the deceased's clothes. Held that the conviction cannot be sustained on weak circumstantial evidence (Paras 11-15).
Issue of Consideration
Whether the dying declarations of the deceased were reliable and sufficient to sustain the conviction of the appellant under Section 302 IPC.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Bail bonds cancelled.
Law Points
- Dying declaration
- reliability
- corroboration
- Section 302 IPC
- Section 32 Indian Evidence Act
- 1872
