Case Note & Summary
The case pertains to an appeal against conviction under Section 302 read with Section 149 IPC and other offences. The appellants were convicted by the Additional Sessions Judge, Nagpur for causing burn injuries to the deceased Nandkishor Dahare by pouring kerosene and setting him on fire. The prosecution relied on two dying declarations recorded by the Executive Magistrate and police. However, the High Court found material contradictions between the two dying declarations regarding the role of each accused and the sequence of events. The court noted that the dying declarations were inconsistent and unreliable, and the medical evidence did not corroborate the prosecution case. The court held that the prosecution failed to prove its case beyond reasonable doubt and accordingly allowed the appeal, setting aside the conviction and acquitting the appellants.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Inconsistency - The court examined two dying declarations (Exh.47 and Exh.48) which contained material contradictions regarding the manner of incident and role of accused - Held that when dying declarations are inconsistent and unreliable, conviction cannot be based solely on them (Paras 1-10). B) Criminal Law - Murder - Section 302 IPC - Benefit of Doubt - The prosecution failed to prove its case beyond reasonable doubt due to contradictions in dying declarations and lack of corroborative evidence - Held that appellants are entitled to acquittal (Paras 10-12).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 149 IPC and other offences is sustainable based on the dying declarations and other evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted of all charges. Fine, if paid, to be refunded.
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
