Case Note & Summary
The appellants, Smt. Laxmibai w/o Dhanraj Moon and Smt. Ujwala w/o Banduji Chaware, were convicted by the Additional Sessions Judge, Wardha for the murder of Chandrakala under Section 302 read with 34 IPC and sentenced to life imprisonment. The prosecution alleged that on 24.5.2010 at about 2 p.m., the appellants quarreled with the deceased over not preparing the courtyard with cow dung, poured kerosene on her, and set her ablaze. The deceased sustained 100% burns and died on 26.5.2010. The dying declaration was recorded by an Executive Magistrate. The appellants appealed against their conviction. The High Court examined the evidence, including the dying declaration and medical evidence. The court found that the dying declaration was not recorded in question-answer form, the Executive Magistrate did not certify that the deceased was in a fit state of mind, and the medical evidence contradicted the prosecution story. The witnesses turned hostile. The court held that the dying declaration was not reliable and could not form the sole basis for conviction. The court allowed the appeal, set aside the conviction, and acquitted the appellants, directing their release unless required in another case.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Section 32 of Indian Evidence Act, 1872 - The dying declaration must be recorded in a question-answer form to ensure it is voluntary and free from tutoring. In the present case, the dying declaration was not recorded in question-answer form and the Executive Magistrate did not certify that the deceased was in a fit state of mind. Held that the dying declaration is not reliable and cannot form the sole basis for conviction (Paras 10-15). B) Criminal Law - Murder - Circumstantial Evidence - Section 302 read with 34 IPC - The prosecution case was based on a dying declaration and oral evidence. The medical evidence contradicted the prosecution story regarding the manner of burning. The witnesses turned hostile and the dying declaration was doubtful. Held that the appellants are entitled to benefit of doubt and acquittal (Paras 16-20).
Issue of Consideration
Whether the dying declaration of the deceased is reliable and can form the sole basis for conviction under Section 302 read with 34 IPC.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted. They be released forthwith unless required in any other case.
Law Points
- Dying declaration must be recorded in question-answer form
- Dying declaration must be free from tutoring
- Conviction cannot be based on dying declaration if it is not reliable
- Benefit of doubt must be given to accused when evidence is inconsistent
