Case Note & Summary
The appellant, Devanand Baburao Sanap, was convicted by the Additional Sessions Judge, Solapur, in Sessions Case No. 103 of 1999 for the murder of his wife, Rukmini, under Section 302 of the Indian Penal Code, 1860, and sentenced to life imprisonment. The prosecution case was that on 5 April 1999, the appellant poured kerosene on Rukmini and set her on fire following a marital dispute. The deceased sustained burn injuries and died. The prosecution relied on dying declarations made by the deceased to the police and a Magistrate. The appellant appealed against the conviction. The High Court examined the dying declarations and found inconsistencies between them. In one statement, the deceased implicated the appellant, while in another, she stated that the fire was accidental. The court held that the dying declarations were not consistent and reliable, and there was no other corroborative evidence to support the conviction. The court concluded that the prosecution failed to prove its case beyond reasonable doubt. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Inconsistent Dying Declarations - Indian Penal Code, 1860, Section 302 - The court examined whether the dying declarations made by the deceased were consistent and reliable. The deceased made multiple statements, including a statement to the police and a dying declaration recorded by a Magistrate, which contained contradictions regarding the presence of the accused and the manner of the incident. The court held that when dying declarations are inconsistent and contradictory, they cannot form the sole basis for conviction without corroboration. The court found that the prosecution failed to prove the case beyond reasonable doubt and acquitted the appellant. (Paras 1-10) B) Criminal Law - Benefit of Doubt - Acquittal - Indian Penal Code, 1860, Section 302 - The court held that in the absence of reliable and consistent dying declarations, the accused is entitled to the benefit of doubt. The court set aside the conviction and sentence imposed by the trial court and acquitted the appellant. (Paras 10-12)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on dying declarations is sustainable when the dying declarations are inconsistent and lack corroboration.
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 to accused
