Case Note & Summary
The appellant, Santosh @ Sonu Balram Jadhav, was convicted by the Additional Sessions Judge, Mumbai, for the murder of Rekha Raju Rathod under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on the night of 5th September 1998, the appellant entered the hut where Rekha lived with her children, questioned her behaviour, and demanded a meal. When she refused, he doused her with kerosene from a stove and set her ablaze with a lighted matchstick. The appellant then fled. Rekha's neighbour (PW2) saw her on fire and was asked to inform her uncle (PW5). PW5 informed Rekha's cousin (PW1). PW1 and PW2 heard Rekha state that the appellant had set her on fire. The appellant was arrested, tried, and convicted. On appeal, the Bombay High Court heard the appellant's counsel and the Additional Public Prosecutor. The main contention for the appellant was that the dying declaration was not reliable. However, the court scrutinised the evidence and found that the oral dying declaration made by Rekha to PW1 and PW2 was consistent and credible. The court held that the Sessions Court had not erred in convicting the appellant, as the dying declaration was sufficient to prove guilt beyond reasonable doubt. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - Oral dying declaration made by deceased to her cousin and neighbour implicating the accused - Court held that the dying declaration was credible and consistent, and could form the sole basis for conviction - The appellant was convicted for murder by setting the deceased on fire after she refused to cook for him (Paras 1-4).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on oral dying declaration and circumstantial evidence is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC are upheld. The appellant is entitled to set off for pre-conviction imprisonment.
Law Points
- Dying declaration can be sole basis of conviction if credible
- Section 302 IPC murder by burning
- oral dying declaration to relatives and neighbours admissible
- corroboration not essential if dying declaration inspires confidence
