Case Note & Summary
The appellant, Ishwar Ganpat Machhi, was convicted by the Sessions Judge for the murder of his wife under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on the day of the incident, the deceased was fasting and feeling weak, leading to a quarrel with her husband, who then poured kerosene on her and set her on fire. The deceased succumbed to her injuries nine days later. The sole basis of conviction was a dying declaration allegedly made by the deceased to the investigating officer. The appellant appealed to the Bombay High Court. The court examined the dying declaration and found that it was recorded by the investigating officer without any endorsement from a doctor certifying that the deceased was in a fit state of mind to make the statement. The court noted that the deceased had suffered 100% burns and was in a precarious condition, and the statement was not recorded by a Magistrate. The court held that the dying declaration was unreliable and could not be the sole basis for conviction. The court also noted that there was no other corroborative evidence. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Dying declaration recorded by investigating officer without prior medical certification of fitness and not in the presence of a Magistrate - Held that such declaration is unreliable and cannot form the sole basis for conviction, especially when the deceased was in a precarious condition and the statement was not corroborated by other evidence (Paras 4-10). B) Criminal Law - Section 302 IPC - Murder - Conviction based on dying declaration - Held that when the dying declaration is found to be unreliable and there is no other corroborative evidence, the conviction must be set aside and the accused is entitled to acquittal (Paras 11-12).
Issue of Consideration
Whether the dying declaration recorded by the investigating officer without a medical fitness certificate and without being recorded by a Magistrate is reliable and sufficient to sustain a conviction under Section 302 IPC.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Dying declaration must be recorded by a Magistrate when possible
- Medical fitness endorsement is essential
- Dying declaration must be free from tutoring
- Circumstantial evidence must be complete
- Benefit of doubt to accused
