Case Note & Summary
The appellant, Sitaram Natha More, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of his wife, Alka, by setting her on fire. The prosecution case was that on 14 January 2007, the appellant and his co-accused (brother and mother) poured kerosene on Alka and set her ablaze. Alka sustained burn injuries and died. The trial court acquitted the co-accused but convicted the appellant. The appellant appealed to the Bombay High Court. The High Court examined the dying declarations made by Alka. The first dying declaration was recorded by a police officer (ASI Auti) at the hospital, and the second was recorded by a magistrate. The court found significant inconsistencies between the two declarations regarding the role of the appellant and the co-accused. In the first declaration, Alka stated that the appellant poured kerosene and set her on fire, while in the second, she stated that the co-accused held her and the appellant poured kerosene. The court also noted that the medical evidence did not corroborate the prosecution case, as the doctor did not mention any smell of kerosene. The court further observed that the co-accused were acquitted and the State's appeal against acquittal was rejected. The High Court held that the dying declarations were not consistent and reliable, and the prosecution failed to prove the case beyond reasonable doubt. The court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Dying Declaration - Consistency and Corroboration - Section 302 Indian Penal Code, 1860 - The court examined whether a conviction can be based on dying declarations that are contradictory. The deceased made multiple dying declarations with inconsistencies regarding the role of the accused. The court held that when dying declarations are inconsistent and not corroborated by other evidence, the accused is entitled to benefit of doubt. (Paras 10-15) B) Criminal Law - Acquittal of Co-accused - Effect on Appeal - Section 302 Indian Penal Code, 1860 - The court noted that the co-accused were acquitted by the trial court and the State's appeal against acquittal was rejected. The court held that the case against the appellant must be scrutinized independently, but the acquittal of co-accused with similar roles raises doubt. (Paras 2, 16) C) Evidence Law - Dying Declaration - Reliability - Section 32 Indian Evidence Act, 1872 - The court considered the reliability of dying declarations recorded by a police officer and a magistrate. The court found that the declarations were not consistent and the medical evidence did not support the prosecution case. Held that the dying declarations were not trustworthy. (Paras 10-15)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 based on dying declarations is sustainable when the dying declarations are inconsistent and lack corroboration.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges.
Law Points
- Dying declaration must be consistent and corroborated
- Conviction cannot be based on contradictory dying declarations
- Benefit of doubt in case of inconsistencies
