Case Note & Summary
The appellant, Bisram Sanu Jambhekar, was convicted by the Additional Sessions Judge, Achalpur in Session Trial No.10/2004 for the offence punishable under Section 302 of the Indian Penal Code, 1860 for the murder of his wife. He was sentenced to rigorous imprisonment for life and a fine of Rs.1,000/-. The prosecution case was based entirely on oral and written dying declarations made by the deceased. The appellant filed an appeal before the Bombay High Court, Nagpur Bench. The court examined the evidence and found that the witnesses who claimed to have heard the oral dying declaration turned hostile and did not support the prosecution. The written dying declaration was recorded by a police officer but was not proved to be in the exact words of the deceased. The court held that the dying declarations were not reliable and the conviction could not be sustained. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted. The court directed that the appellant be set at liberty forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - Conviction based solely on dying declaration - The appellant was convicted for murder of his wife based on oral and written dying declarations. The oral dying declaration witnesses turned hostile and the written dying declaration was not proved to be recorded in the exact words of the deceased. The court held that the dying declarations were not reliable and the conviction could not be sustained. (Paras 1-10) B) Evidence Law - Dying Declaration - Reliability - Section 32 Indian Evidence Act, 1872 - Oral dying declaration requires corroboration when inconsistent with written dying declaration - The court observed that the oral dying declaration made to the father and brother of the deceased was not corroborated and the written dying declaration was not proved to be voluntarily made. The court acquitted the appellant. (Paras 5-10)
Issue of Consideration
Whether the conviction under Section 302 IPC based solely on oral and written dying declarations is sustainable when the witnesses to oral dying declaration turned hostile and the written dying declaration was not proved to be in the deceased's own words
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted. Directed to be set at liberty forthwith unless required in any other case.
Law Points
- Dying declaration must be reliable and free from tutoring
- corroboration not essential but court must be satisfied of its truthfulness
- oral dying declaration requires corroboration when inconsistent with written dying declaration
