Case Note & Summary
The appellant, Tanaji Bajirao Chawan, was convicted by the VIth Additional Sessions Judge, Satara for the murder of his wife Lata @ Ranjana under Section 302 IPC, and also under Sections 498A and 504 IPC. The prosecution case was that on 01/05/2002, the appellant poured kerosene on Lata and set her on fire because she refused to transfer her share in her father's property to him. Lata died due to septicemia from 76% burns. The conviction was based primarily on dying declarations made by Lata to her mother, a police officer, and a Special Executive Magistrate. The High Court found that the dying declarations were inconsistent with each other regarding crucial aspects such as whether the appellant was present at the time of the incident and whether the burning was accidental or homicidal. The court noted that the dying declaration to the mother stated that the appellant set her on fire, but the dying declaration to the police officer stated that she caught fire accidentally while cooking. The court also observed that there was no independent corroboration of the dying declarations. The court held that the prosecution failed to prove the guilt of the appellant beyond reasonable doubt and accordingly allowed the appeal, setting aside the conviction and sentence. The appellant was acquitted of all charges.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - Inconsistency in Dying Declarations - The court considered whether the dying declarations of the deceased were reliable and consistent. The deceased gave multiple dying declarations with material inconsistencies regarding the manner of burning and presence 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 1-10) B) Criminal Law - Cruelty by Husband - Section 498A Indian Penal Code, 1860 - Lack of Evidence - The court examined the charge of cruelty under Section 498A IPC. The prosecution alleged harassment for transfer of property, but the evidence was insufficient to prove cruelty beyond reasonable doubt. The court held that the conviction under Section 498A IPC was also unsustainable. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on dying declarations is sustainable when the dying declarations are inconsistent and lack corroboration.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Dying declaration must be consistent and reliable
- Conviction cannot be based solely on dying declaration without corroboration if there are inconsistencies
- Benefit of doubt must be given to accused when prosecution fails to prove guilt beyond reasonable doubt
