Case Note & Summary
The appellant, Lahu Govind Shingare, was convicted by the IVth Adhoc Additional Sessions Judge, Sewri, Mumbai in Sessions Case No.273 of 2004 for the murder of Shakuntala Raghunath Yede by pouring kerosene and setting her on fire on 6th November 2003. He was sentenced to life imprisonment and a fine of Rs.1,000/-. The prosecution case relied heavily on two dying declarations made by the deceased to a Special Executive Officer (P.W.1) and a police officer (P.W.7). The High Court, in appeal, examined the reliability of these dying declarations. The court found material inconsistencies between the two declarations regarding the identity of the assailant and the manner of the incident. Additionally, there was no independent corroboration from other witnesses. The court held that the dying declarations were not trustworthy and could not form the sole basis for conviction. Consequently, the appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 IPC, Section 32 Indian Evidence Act, 1872 - Conviction based on dying declarations - Appeal against conviction - Dying declarations found inconsistent and not corroborated by other evidence - Held that conviction cannot be sustained solely on unreliable dying declarations - Appeal allowed, conviction set aside (Paras 1-20).
Issue of Consideration
Whether the dying declarations made by the deceased were reliable and sufficient to sustain the conviction of the appellant for murder under Section 302 of the Indian Penal Code, 1860.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted.
Law Points
- Dying declaration
- Section 32 Indian Evidence Act
- 1872
- reliability
- corroboration
- inconsistency
- conviction
- acquittal
