Case Note & Summary
The appellant, Dharmaraj Tatyaba Angarkhe, was convicted by the Additional Sessions Judge, Pune for the murder of his wife Moharabai under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 10/10/1996, the appellant, who was addicted to liquor, quarrelled with his wife because she had not gone to collect waste paper to support the family. At about 8-9 p.m., he assaulted her with a stick, causing her death. The case rested on a dying declaration allegedly made by the deceased to her daughter and a neighbour, and recorded by a police officer. The appellant challenged the conviction on the ground that the dying declaration was unreliable and the evidence was inconsistent. The High Court examined the testimony of the daughter (PW-1) and the neighbour (PW-2), who claimed to have heard the deceased name the appellant as the assailant. However, the court found material contradictions: the daughter stated she was present when the dying declaration was recorded, but the neighbour said she was not; the police officer (PW-3) admitted he did not call a doctor or magistrate to certify the deceased's fitness. The court also noted that the deceased had suffered 100% burns and was in a precarious condition, making it unlikely she could speak coherently. The medical evidence did not support the prosecution's timeline. The court held that the dying declaration was not credible and the circumstantial evidence was insufficient to prove guilt beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Dying Declaration - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murder of his wife based on a dying declaration and circumstantial evidence. The court found the dying declaration unreliable due to inconsistencies in the testimony of witnesses and lack of corroboration. The court held that the prosecution failed to prove the case beyond reasonable doubt and acquitted the appellant. (Paras 1-10) B) Evidence Law - Dying Declaration - Credibility - Section 32 Indian Evidence Act, 1872 - The dying declaration was recorded by a police officer but not attested by a doctor or magistrate. The court noted that the deceased was not in a fit state to make a statement and the witnesses contradicted each other. The court held that the dying declaration was not trustworthy and could not form the basis of conviction. (Paras 5-8)
Issue of Consideration
Whether the conviction of the appellant for murder under Section 302 IPC based on circumstantial evidence and dying declaration is sustainable.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Circumstantial evidence
- credibility of witnesses
- dying declaration
- motive
- burden of proof
