Case Note & Summary
The appellant, Balu Dharma Shendge, was convicted by the 8th Additional Sessions Judge, Pune, for the murder of his wife Rekha under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The prosecution case was that on 12.9.2002, Rekha returned home late at night after attending a Gauri Pujan festival at her parents' house. The appellant suspected her chastity due to her late arrival, became angry, and after an argument, poured kerosene on her from a plastic can and set her ablaze with a matchstick. Rekha raised shouts, attracting neighbors who extinguished the fire and took her to Sassoon General Hospital, Pune. She succumbed to her burn injuries on 16.9.2002. The police registered a crime based on her complaint recorded in the presence of a lady doctor. The appellant absconded but was later arrested. The trial court relied on the dying declarations made by the deceased to the police and the Special Judicial Magistrate, as well as medical evidence, to convict the appellant. In appeal, the appellant challenged the credibility of the dying declarations, arguing they were not reliable. The High Court examined the evidence and found that the dying declarations were consistent, voluntary, and corroborated by the medical evidence regarding the nature of burns. The court held that the dying declarations were sufficient to sustain the conviction. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Dying Declaration - The appellant was convicted for murdering his wife by pouring kerosene and setting her ablaze. The court examined the credibility of the dying declarations recorded by the police and the Special Judicial Magistrate. Held that the dying declarations were consistent, voluntary, and corroborated by medical evidence, and thus reliable to base conviction (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of his wife is sustainable based on the dying declarations and other evidence.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 IPC are confirmed.
Law Points
- Dying declaration
- Section 302 IPC
- Murder
- Circumstantial evidence
- Credibility of dying declaration
- Motive
- Suspicion of chastity
