Case Note & Summary
The case involves an appeal against conviction under Section 302 read with Section 34 IPC for the murder of Gorkha, a weaver. The prosecution examined 21 witnesses, but all except police officers and three witnesses to dying declarations turned hostile. The conviction was based entirely on dying declarations. The court found that the dying declarations were inconsistent with each other and with medical evidence, and there was no other incriminating evidence such as recovery of weapon or blood-stained clothes. The court held that the dying declarations were unreliable and set aside the conviction, acquitting the appellants.
Headnote
A) Evidence Law - Dying Declaration - Reliability - Section 32(1) of Indian Evidence Act, 1872 - Conviction based solely on dying declarations requires the declarations to be consistent, credible, and free from doubt - In the present case, the dying declarations were inconsistent with each other and with medical evidence, and the witnesses turned hostile - Held that the conviction cannot be sustained solely on such unreliable dying declarations (Paras 3-5).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 IPC based solely on dying declarations is sustainable when the dying declarations are inconsistent and unreliable.
Final Decision
Appeal allowed. Conviction set aside. Appellants acquitted.
Law Points
- Dying declaration
- reliability
- inconsistency
- conviction based solely on dying declaration
- Section 302 IPC
- Section 34 IPC
Case Details
2005 LawText (BOM) (12) 35
Criminal Appeal No. 346 of 1991
D. G. Deshpande, V. M. Kanade
B. R. Patil, Amol Patankar, Rajendra Shirodkar, A. M. Shringarpure, B. M. Gawade
Sambhaji Ganapati Patil and Mahadeo Nana Goud
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Nature of Litigation
Criminal appeal against conviction for murder
Remedy Sought
Appellants sought acquittal from conviction under Section 302 read with Section 34 IPC
Filing Reason
Appellants were convicted based on dying declarations which they challenged as unreliable
Previous Decisions
Trial court convicted appellants under Section 302 read with 34 IPC; original accused Nos. 3, 4, 5 were acquitted
Issues
Whether the dying declarations are reliable and consistent enough to sustain a conviction
Whether the conviction can be based solely on dying declarations when other evidence is lacking
Submissions/Arguments
Appellants argued that dying declarations were inconsistent and unreliable, and all other witnesses turned hostile
Prosecution relied on dying declarations to support conviction
Ratio Decidendi
A conviction based solely on dying declarations requires the declarations to be consistent, credible, and free from doubt. In this case, the dying declarations were inconsistent with each other and with medical evidence, and the witnesses turned hostile, making the declarations unreliable. Hence, the conviction cannot be sustained.
Judgment Excerpts
The entire conviction of the appellants - accused is based on dying declarations.
The question, therefore, is, whether the appellants - accused have been rightly convicted by the trial court.
Procedural History
Five accused were prosecuted and tried for murder. Original accused Nos. 3, 4, 5 were acquitted. Appellants (original accused Nos. 1 and 2) were convicted under Section 302 read with 34 IPC. They appealed to the High Court.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 34, 147, 148, 149
- Indian Evidence Act, 1872: 32(1)
