Case Note & Summary
The appellant, Prakash Dattaram Chavan, was convicted by the First Adhoc Additional Sessions Judge, Palghar, in Sessions Case No. 139 of 2003 for the murder of his wife Priti under Section 302 IPC and sentenced to life imprisonment. The prosecution alleged that on 11 March 1997, the accused returned home after a party, quarreled with his wife over dinner, poured kerosene on her, and set her ablaze. The deceased initially gave a dying declaration to a police constable stating that she suffered burns due to a stove burst while cooking, and that her husband extinguished the fire. However, a subsequent dying declaration recorded by an Executive Magistrate implicated the accused. The High Court found the two dying declarations contradictory and noted that the medical evidence did not support the prosecution's case. The court held that the prosecution failed to prove guilt beyond reasonable doubt, as the dying declarations were inconsistent and lacked corroboration from independent witnesses. The appeal was allowed, the conviction and sentence were set aside, and the accused was acquitted.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - Inconsistent dying declarations - The deceased initially stated burns were due to stove burst, but later implicated the accused. The court held that such contradictory dying declarations cannot be relied upon without corroboration, and the accused is entitled to benefit of doubt (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 contradictory 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
- Contradictory dying declarations cannot form sole basis for conviction
- Benefit of doubt must be given to accused when prosecution fails to prove guilt beyond reasonable doubt
