Case Note & Summary
The appellant, Narayan Ganpat Jadhav, was convicted by the Sessions Court under Section 302 of the Indian Penal Code for the murder of his wife, who died from burn injuries on 14 March 1996. The prosecution's case relied heavily on three dying declarations made by the victim. The first declaration, recorded at 9:10 AM, stated that her husband had set her on fire. However, two subsequent declarations recorded around noon at an interval of 10 minutes (Exhibits 43 and 34) allegedly contained inconsistencies, with some suggesting accidental fire. The appellant appealed against the conviction. The High Court, after scrutinizing the evidence, found that the dying declarations were inconsistent and the prosecution failed to explain the contradictions. The court noted that the earliest declaration was not corroborated by other evidence, and the later declarations raised doubts about the cause of the burns. The court held that the prosecution had not proved its case beyond reasonable doubt and therefore acquitted the appellant, setting aside the conviction and sentence of life imprisonment.
Headnote
A) Criminal Law - Dying Declaration - Inconsistency - Indian Penal Code, 1860, Section 302 - The court examined three dying declarations recorded at different times, which contained inconsistencies regarding the cause of burns. The earliest declaration stated the husband set her ablaze, while later declarations mentioned accidental fire. The court held that when dying declarations are inconsistent, the prosecution must explain the contradictions, and the benefit of doubt must go to the accused. (Paras 2-3) B) Evidence Law - Dying Declaration - Reliability - Indian Evidence Act, 1872, Section 32(1) - The court held that a dying declaration can be the sole basis for conviction if it is consistent and reliable. However, in this case, the inconsistencies between the declarations and the lack of corroboration from other witnesses made the dying declarations unreliable. The court acquitted the appellant. (Paras 2-3)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code 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.
Law Points
- Dying declaration must be consistent and reliable
- Conviction cannot be based solely on dying declaration if there are contradictions
- Benefit of doubt must be given to accused when prosecution fails to prove guilt beyond reasonable doubt
