Case Note & Summary
The appellant, Suresh Sadu Kamble, was convicted by the 3rd Additional Sessions Judge, Kolhapur, for the murder of his wife, Shakuntala, under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The prosecution case was that on 11th December 1996, the appellant, under the influence of alcohol, demanded money from the deceased to purchase alcohol. When she refused, he poured kerosene from a lamp on her and set her on fire. The deceased was taken to CPR Hospital, Kolhapur, where her dying declaration was recorded by the Special Executive Magistrate (P.W.4) on 12th December 1996. She succumbed to her injuries. The appellant's defence was total denial. The main issue before the High Court was whether the dying declaration, which was not recorded in question-answer form, was reliable. The appellant's counsel argued that the dying declaration was not recorded in question-answer form and therefore should not be relied upon. The Additional Public Prosecutor argued that the dying declaration was voluntary and truthful. The court held that the dying declaration was reliable and consistent with other evidence, including the testimony of neighbours who extinguished the fire and the medical evidence. The court found that the absence of question-answer form did not make the dying declaration unreliable. The court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Evidence Law - Dying Declaration - Reliability - Section 32(1) of Indian Evidence Act, 1872 - The court considered whether a dying declaration not recorded in question-answer form is admissible and reliable. The court held that the dying declaration recorded by the Special Executive Magistrate (P.W.4) was voluntary, truthful, and consistent with other evidence, and the absence of question-answer form does not render it unreliable. The court upheld the conviction under Section 302 IPC. (Paras 6-10) B) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murdering his wife by pouring kerosene and setting her on fire after she refused to give him money for alcohol. The court found the dying declaration and corroborating evidence sufficient to prove the offence beyond reasonable doubt. (Paras 2-5, 10)
Issue of Consideration
Whether the dying declaration recorded by the Special Executive Magistrate is reliable and sufficient to sustain the conviction under Section 302 IPC, even though it was not recorded in question-answer form.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence of life imprisonment under Section 302 IPC.
Law Points
- Dying declaration
- Section 302 IPC
- reliability of dying declaration
- question-answer form
- corroboration
- domestic violence
- murder by burning
