Case Note & Summary
The appellant, Nivrutti Tatyaba Ghadge, was convicted by the Additional Sessions Judge, Baramati, Pune for the murder of his wife Mangal by burning, along with offences of wrongful confinement, intentional insult, and assault. The incident occurred on 12 December 1990 in their matrimonial home in Gautam Nagar, Baramati. The prosecution alleged that the appellant, who was addicted to alcohol and suspected his wife's chastity, frequently quarrelled with her. On the day of the incident, he beat her, poured kerosene on her, and set her on fire. The deceased was taken to Silver Jubilee Hospital, where her statement was recorded by police. The trial court relied on the dying declarations to convict the appellant. On appeal, the Bombay High Court examined the dying declarations and found material inconsistencies between them. The first dying declaration recorded by the police officer stated that the appellant poured kerosene and set her on fire, while the second dying declaration recorded by the Executive Magistrate stated that she caught fire accidentally while cooking. The medical evidence also did not support the prosecution case. The court held that when dying declarations are contradictory and unreliable, they cannot form the sole basis for conviction. The court also noted that the prosecution failed to examine independent witnesses and that the circumstances did not conclusively point to the appellant's guilt. Consequently, the court set aside the conviction and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Murder - Dying Declaration - Reliability - Inconsistency - The court examined the admissibility and evidentiary value of multiple dying declarations made by the deceased, which contained material contradictions regarding the manner of incident and the role of the appellant. Held that when dying declarations are inconsistent and contradictory, they cannot form the sole basis for conviction without corroboration. (Paras 1-10) B) Evidence Act - Dying Declaration - Section 32(1) - Corroboration - The court reiterated the legal principle that a dying declaration must be scrutinized with care and caution, and if there are doubts about its veracity, the court may look for corroboration. In this case, the dying declarations were found to be unreliable due to contradictions, and the medical evidence did not support the prosecution version. Held that the appellant is entitled to benefit of doubt. (Paras 5-10)
Issue of Consideration
Whether the dying declarations made by the deceased were reliable and consistent enough to sustain the conviction of the appellant for murder under Section 302 IPC.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges.
Law Points
- Dying declaration must be consistent and reliable
- Conviction cannot be based on contradictory dying declarations
- Benefit of doubt when prosecution fails to prove guilt beyond reasonable doubt
