Case Note & Summary
The appellant, Baby Ananta Damse, was convicted by the Additional Sessions Judge, Pune, for the murder of her husband Ananta Mahadu Damse under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The prosecution case was that on 6 July 1999, after a quarrel, the appellant poured kerosene on her husband and set him on fire. The deceased succumbed to burn injuries on 22 July 1999. The trial court also acquitted the co-accused Radhabai, the appellant's mother. The appellant challenged the conviction before the Bombay High Court. The main legal issue was whether the dying declarations made by the deceased were reliable and consistent. The deceased had made two dying declarations: one to the Police Naik (Exhibit 17) and another to the Special Judicial Magistrate (Exhibit 18). The first declaration did not name the appellant, while the second did. The court found these declarations to be contradictory and also inconsistent with the medical evidence regarding the extent of burns. The court held that the prosecution failed to prove the case beyond reasonable doubt, as the dying declarations were not reliable and lacked 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 Declarations - The court examined two dying declarations which were inconsistent with each other and with medical evidence. The first declaration did not name the appellant, while the second implicated her. The court held that such inconsistencies create doubt and the benefit must go to the accused. (Paras 4-8) B) Evidence Law - Dying Declaration - Corroboration - Section 32 Indian Evidence Act, 1872 - Necessity of Corroboration - The court reiterated that a dying declaration can be the sole basis of conviction if it is reliable, but when there are multiple dying declarations with contradictions, corroboration is essential. In this case, the dying declarations were not corroborated by other evidence, leading to acquittal. (Paras 4-8)
Issue of Consideration
Whether the dying declarations made by the deceased were reliable and consistent enough 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 all charges. Fine, if paid, to be refunded.
Law Points
- Dying declaration must be consistent and reliable
- Corroboration of dying declaration is essential if there are inconsistencies
- Benefit of doubt given when prosecution fails to prove guilt beyond reasonable doubt
