Case Note & Summary
The appellant, Pandit Dhondiba Khule, was convicted by the Additional Sessions Judge, Pune, for the murder of his wife Sadhna under Section 302 IPC and sentenced to life imprisonment. The incident occurred on the night of 4 April 1992 when Sadhna suffered burn injuries. The prosecution alleged that after a quarrel over their daughter, Sadhna poured kerosene on herself and the appellant threw a burning matchstick, causing her to catch fire. The appellant and neighbours took her to the hospital, where she made dying declarations. The trial court relied on these declarations to convict the appellant. On appeal, the Bombay High Court examined the dying declarations and found them to be contradictory and inconsistent. The court noted that the dying declarations varied regarding the cause of the fire, with some stating it was accidental and others implicating the appellant. Additionally, the medical evidence did not fully support the prosecution's version. The court held that the prosecution failed to prove the case beyond reasonable doubt and that the appellant was entitled to the benefit of doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Dying Declaration - Reliability - Sections 302, 498-A IPC - The court examined the admissibility and reliability of multiple dying declarations made by the deceased - The dying declarations were found to be contradictory and inconsistent with each other and with medical evidence - Held that conviction cannot be based on such unreliable dying declarations without corroboration (Paras 1-10). B) Criminal Law - Benefit of Doubt - Acquittal - Section 302 IPC - The prosecution failed to prove the guilt of the appellant beyond reasonable doubt due to inconsistencies in the dying declarations and lack of independent corroboration - Held that the appellant is entitled to benefit of doubt and acquittal (Paras 10-12).
Issue of Consideration
Whether the dying declarations made by the deceased are reliable and consistent enough to sustain the conviction of the appellant for murder under Section 302 IPC.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Dying declaration must be consistent and reliable
- Conviction cannot be based on contradictory dying declarations
- Benefit of doubt must be given to accused when prosecution fails to prove guilt beyond reasonable doubt
