Case Note & Summary
The appellant, Madan alias Madhu Patekar, was convicted by the Additional Sessions Judge at Nashik for the murder of Latabai under Section 302 IPC and sentenced to life imprisonment. He was acquitted for offences under Sections 323 and 504 IPC. The incident occurred on 13 December 1991 when the accused, who was the deceased's paramour, visited her house and asked her to cook. When she refused due to lack of kerosene, he became angry, poured kerosene on her, and set her on fire. The deceased sustained over 85% burns and died on 16 December 1991. Two dying declarations were recorded on 14 December 1991, one by a Special Judicial Magistrate and another by a Police Head Constable, both stating that the accused had set her on fire. The accused also sustained 40% burns while trying to extinguish the fire. The trial court relied on these dying declarations to convict the appellant. On appeal, the High Court examined the credibility of the dying declarations and found them to be consistent, voluntary, and reliable. The court noted that the deceased was in a fit state of mind to make the declarations and that there was no evidence of tutoring or coercion. The court held that the dying declarations were sufficient to sustain the conviction under Section 302 IPC. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 IPC - Credibility of Dying Declaration - The court examined the dying declarations recorded by PW 1 (Special Judicial Magistrate) and PW 12 (Police Head Constable) and found them to be consistent, voluntary, and reliable. The deceased had stated that the accused poured kerosene on her and set her on fire. The court held that the dying declarations were sufficient to convict the accused under Section 302 IPC, as they were corroborated by medical evidence and the circumstances of the case. (Paras 1-4) B) Criminal Law - Acquittal for Lesser Offences - Sections 323 and 504 IPC - The trial court acquitted the appellant for offences under Sections 323 and 504 IPC. The High Court did not interfere with this acquittal as the prosecution failed to prove these charges beyond reasonable doubt. (Para 1)
Issue of Consideration
Whether the dying declarations recorded by the Special Judicial Magistrate and the Police Head Constable are credible and sufficient to sustain the conviction of the appellant for the offence of murder under Section 302 IPC.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC are upheld.
Law Points
- Dying declaration
- credibility of dying declaration
- conviction based on dying declaration
- Section 302 IPC
- Section 323 IPC
- Section 504 IPC
- Section 374 CrPC
