Case Note & Summary
The State of Maharashtra appealed against the acquittal of Balasahib Baburao Shinde by the Additional Sessions Judge, Nashik, for the murder of his wife Anita under Section 302 IPC. The prosecution case was that on the night of 9/10/1996, following a quarrel over vacating premises, the accused asked his wife to burn herself. She poured kerosene on herself, and then the accused also poured kerosene and set her on fire with a matchstick. Anita sustained severe burns and died on 11/10/1996. The trial court acquitted the accused, finding the dying declarations inconsistent. The High Court, in appeal, examined two dying declarations: one recorded by the Executive Magistrate and another by a police officer. The first declaration stated that the accused asked her to burn herself and she poured kerosene, but did not mention the accused pouring kerosene or lighting the match. The second declaration stated that the accused poured kerosene and set her on fire. The court noted that the medical evidence showed 100% burns, making it improbable for the deceased to have made detailed statements. The court also found that the dying declarations were not corroborated by other evidence. The court held that the trial court's acquittal was based on a plausible view of the evidence and that the appellate court should not interfere unless the view is perverse. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Murder - Dying Declaration - Inconsistency - The court examined two dying declarations of the deceased which were contradictory regarding the role of the accused - The first declaration stated the accused asked her to burn herself and she poured kerosene, while the second stated the accused poured kerosene and set her on fire - The court held that such inconsistency creates doubt and the prosecution failed to prove guilt beyond reasonable doubt - Acquittal upheld (Paras 1-10).
Issue of Consideration
Whether the acquittal of the respondent for the offence of murder under Section 302 IPC was justified given the dying declarations of the deceased.
Final Decision
Appeal dismissed; acquittal of respondent upheld.
Law Points
- Dying declaration must be consistent and corroborated
- Acquittal appeal standard
- Section 302 IPC
- Appreciation of evidence in burn cases
