Case Note & Summary
The State of Maharashtra appealed against the acquittal of the respondent-accused for the offence of murder under Section 302 IPC. The respondent was originally charged with murder and cruelty. The Sessions Judge acquitted him of murder but convicted him under Section 498A IPC for cruelty, sentencing him to two years' rigorous imprisonment and a fine. The State appealed the acquittal. The High Court noted that the eyewitnesses did not support the prosecution case and turned hostile. The dying declaration recorded by a police constable was the main evidence, but the court found it unreliable due to lack of corroboration and inconsistencies. The court also noted that the accused was not available for hearing despite issuance of bailable warrant. After examining the record, the High Court found no perversity in the Sessions Judge's reasoning and dismissed the appeal, upholding the acquittal for murder.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 IPC - The court examined whether the dying declaration implicating the accused was reliable and sufficient to convict for murder. The dying declaration was recorded by a police constable and contained allegations of kerosene being poured and set on fire. However, the eyewitnesses turned hostile and the dying declaration was not corroborated by other evidence. The court held that the dying declaration was not reliable and the acquittal by the Sessions Judge was justified. (Paras 6-9) B) Criminal Law - Cruelty by Husband - Section 498A IPC - The accused was convicted for cruelty under Section 498A IPC based on evidence of ill-treatment and harassment. The court noted that the accused did not challenge this conviction. (Paras 2, 4)
Issue of Consideration
Whether the acquittal of the respondent for the offence punishable under Section 302 of the Indian Penal Code was justified in light of the dying declaration and other evidence.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the respondent for the offence punishable under Section 302 IPC.
Law Points
- Dying declaration
- Section 302 IPC
- Section 498A IPC
- Acquittal appeal
- Unreliable dying declaration
- Lack of corroboration
- Inconsistencies in evidence
