Case Note & Summary
The appellant, Prakash Maruti Mane, was convicted by the Additional Sessions Judge, Solapur, for the murder of his wife Shobha under Section 302 IPC and for criminal intimidation under Section 506 IPC. The prosecution case was that on 12th May 1996, at about 8.30 p.m., the appellant had a quarrel with his wife because she refused to give him money for liquor. He emptied kerosene from a stove into a can, poured it on her, and ignited her with a lamp. The victim's sister, Bayadabai (PW1), and the appellant's brother rushed to rescue her and extinguished the fire. The victim sustained severe burn injuries and gave three dying declarations to the police, the Executive Magistrate, and a doctor, all consistent in stating that the appellant had set her on fire. The appellant surrendered to the police the next day. The trial court relied on the dying declarations and convicted the appellant. On appeal, the Bombay High Court examined the dying declarations and found them to be voluntary, consistent, and reliable. The court noted that the victim was conscious and in a fit state of mind when making the declarations. The court held that the dying declarations were sufficient to sustain the conviction and dismissed the appeal.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 32 Indian Evidence Act, 1872 - Sections 302, 506 Indian Penal Code, 1860 - The appellant was convicted for murdering his wife by pouring kerosene and setting her on fire. The victim gave three consistent dying declarations implicating the appellant. The court held that the dying declarations were voluntary, consistent, and reliable, and thus sufficient to base the conviction. The appeal was dismissed. (Paras 1-2)
Issue of Consideration
Whether the dying declarations of the victim are reliable and sufficient to sustain the conviction of the appellant under Sections 302 and 506 IPC.
Final Decision
Appeal dismissed. Conviction and sentence under Sections 302 and 506 IPC upheld.
Law Points
- Dying declaration
- Section 32 Indian Evidence Act
- 1872
- reliability of multiple dying declarations
- conviction under Section 302 IPC
- Section 506 IPC
- criminal intimidation
