Case Note & Summary
The appellant, Ratan Babhootsingh Rathod, was convicted by the trial court for the murder of his wife Sunita under Section 302 IPC and for cruelty under Section 498-A IPC. The prosecution alleged that on 17.10.2007, the appellant poured kerosene on Sunita and set her on fire because she had only daughters and no male child. Sunita succumbed to her injuries on 18.10.2007. The trial court relied on dying declarations made by Sunita to her brother and to the police. The appellant appealed against the conviction. The High Court examined the dying declarations and found them to be inconsistent. The first dying declaration allegedly made to her brother stated that the appellant poured kerosene and set her on fire, while another dying declaration recorded by the police was contradictory. The court noted that the medical evidence did not corroborate the prosecution case and that there were material contradictions. The court held that the prosecution failed to prove the guilt beyond reasonable doubt and that the appellant was entitled to the benefit of doubt. The appeal was allowed, and the conviction and sentence were set aside. The appellant was acquitted of all charges.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Inconsistency - The court examined whether a conviction can be based on dying declarations that are contradictory to each other. The prosecution relied on multiple dying declarations which were inconsistent regarding the manner of incident. Held that when dying declarations are contradictory and not corroborated by other evidence, the accused is entitled to benefit of doubt (Paras 10-15). B) Criminal Law - Section 302 IPC - Murder - Dowry Death - The appellant was convicted for murder by setting his wife on fire due to demand for male child. The court found that the dying declarations were not consistent and the medical evidence did not support the prosecution case. Held that the prosecution failed to prove the offence beyond reasonable doubt (Paras 16-20). C) Criminal Law - Section 498-A IPC - Cruelty - The appellant was also convicted for cruelty. The court held that in the absence of reliable evidence of cruelty, the conviction under Section 498-A IPC cannot be sustained (Paras 21-22).
Issue of Consideration
Whether the conviction of the appellant under Section 302 and 498-A of the Indian Penal Code, 1860 based on dying declarations is sustainable when the dying declarations are inconsistent 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
- Conviction cannot be based on contradictory dying declarations
- Benefit of doubt must be given to accused when prosecution fails to prove guilt beyond reasonable doubt
