Case Note & Summary
The appellant, Datta s/o Kisan Gaikwad, was convicted by the Additional Sessions Judge, Omerga in Sessions Case No. 23 of 2005 for the murder of his wife Rukminibai under Section 302 IPC and for cruelty under Section 498-A IPC. The incident occurred on 29.8.2005 when the appellant demanded money from the deceased, and upon her refusal, he beat her, sprinkled kerosene from a lamp on her, and set her on fire. The deceased succumbed to burns. The trial court relied on the dying declaration recorded by a police constable (PW3) and other evidence. The appellant appealed, arguing that the dying declaration was not recorded by an Executive Magistrate and thus was inadmissible. The High Court, after hearing arguments, held that a dying declaration recorded by a police constable is admissible under Section 32(1) of the Indian Evidence Act, 1872, provided it is truthful and voluntary. The court found that the dying declaration inspired confidence and was corroborated by medical evidence and other circumstances. Consequently, the appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Dying Declaration - Admissibility - Section 32(1) of Indian Evidence Act, 1872 - Dying declaration recorded by a police constable is admissible if it is truthful and voluntary and inspires confidence - The court held that the dying declaration in this case was reliable and corroborated by medical evidence and other circumstances, and thus the conviction under Section 302 IPC was upheld (Paras 1-3).
Issue of Consideration
Whether the dying declaration recorded by a police constable is admissible and reliable, and whether the conviction under Section 302 IPC is sustainable.
Final Decision
Appeal dismissed. Conviction and sentence under Section 302 IPC (life imprisonment) and Section 498-A IPC upheld.
Law Points
- Dying declaration recorded by police constable is admissible if it inspires confidence
- Section 32(1) of Indian Evidence Act
- 1872
- Section 302 IPC
- Section 498-A IPC
- Section 306 IPC
