Case Note & Summary
The appellant, Sau. Kamlabai Haribhau Lastane, was convicted by the Sessions Judge, Amravati, for the murder of her daughter-in-law, Sonu, under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The prosecution's case was that on 24 April 2013, between 8:00 a.m. and 9:00 a.m., the appellant poured kerosene on the deceased and set her on fire, causing 78% burns. The deceased was admitted to the hospital and died the same night. The sole piece of evidence against the appellant was a dying declaration recorded by Executive Magistrate Shri Mahale (PW3) at around 2:00 p.m. on the same day. The appellant challenged the conviction on the ground that the dying declaration was unreliable. The High Court analyzed the evidence and found several infirmities: the doctor (PW2) who certified the deceased's fitness did not mention the time of examination or the exact condition; the deceased had burns on her hands and mouth, raising doubts about her ability to speak; the Executive Magistrate admitted that the deceased's husband and other family members were present nearby, creating a possibility of tutoring; and there were contradictions in the prosecution's case regarding the presence of the appellant at the scene. The court held that the dying declaration did not inspire confidence and could not be the sole basis for conviction without corroboration. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - Reliability of Dying Declaration - The court examined whether the dying declaration recorded by the Executive Magistrate was trustworthy and free from tutoring or influence. The court found that the deceased had burns on her hands and mouth, yet the declaration was recorded without a doctor's certification of fitness, and there were contradictions regarding the presence of family members. The court held that the dying declaration was not reliable and could not be the sole basis for conviction (Paras 1-10). B) Evidence Law - Dying Declaration - Corroboration - Section 32 Indian Evidence Act, 1872 - The court reiterated that a dying declaration can form the sole basis for conviction if it is credible and free from doubt. However, in this case, the declaration was suspicious due to lack of medical certification and inconsistencies, thus requiring corroboration which was absent. The court held that the conviction based solely on such a declaration was unsustainable (Paras 5-10).
Issue of Consideration
Whether the dying declaration recorded by the Executive Magistrate is reliable and sufficient to sustain the conviction of the appellant under Section 302 of the Indian Penal Code
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of the offence under Section 302 IPC. Fine, if paid, to be refunded. Appellant to be released forthwith unless required in any other case.
Law Points
- Dying declaration must be reliable and free from doubt
- corroboration not essential but may be required if suspicious
- conviction can be based solely on dying declaration if it inspires confidence
