Case Note & Summary
The appellant, Bansidha Hanmant Kumbhar, was convicted by the Sessions Judge, Solapur for the murder of his wife Muktabai under Section 302 IPC and sentenced to life imprisonment. The case was based on two dying declarations made by the deceased. The first dying declaration (Exh. 28) recorded by a Special Executive Magistrate stated that the appellant poured kerosene on her and set her on fire. The second dying declaration (Exh. 29) recorded by a police officer stated that she caught fire accidentally from a stove while cooking. The appellant appealed against the conviction. The High Court examined the evidence and found that the two dying declarations were contradictory and inconsistent. The court noted that the prosecution did not examine the doctor who certified the fitness of the deceased to make the declarations, and there was no independent corroboration of either declaration. The court held that the dying declarations were unreliable and the prosecution failed to prove the case beyond reasonable doubt. The appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murder of his wife based on two dying declarations. The first declaration (Exh. 28) stated that the appellant poured kerosene and set her on fire, while the second declaration (Exh. 29) stated that she caught fire accidentally from a stove. The court found the declarations contradictory and unreliable, and held that the prosecution failed to prove the case beyond reasonable doubt. The conviction was set aside and the appellant was acquitted. (Paras 1-10) B) Evidence Law - Dying Declaration - Reliability - Indian Evidence Act, 1872 - A dying declaration must be consistent and free from suspicion. When there are multiple dying declarations, they must be corroborated. In this case, the two dying declarations were contradictory, and there was no independent corroboration. The court held that the conviction cannot be sustained on such evidence. (Paras 5-10)
Issue of Consideration
Whether the conviction under Section 302 IPC based on dying declarations is sustainable when the dying declarations are inconsistent and lack corroboration.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted.
Law Points
- Dying declaration must be consistent and reliable
- Conviction cannot be based on contradictory dying declarations
- Dying declaration requires corroboration if suspicious
