Case Note & Summary
The State of Maharashtra appealed against the acquittal of the respondent, Dilip Ankush Narvekar, by the Additional Sessions Judge, Sindhudurg at Sawantwadi, for the offence of murder punishable under Section 302 of the Indian Penal Code. The case arose from the death of Dipika @ Malini, the wife of the respondent, who died from burn injuries on 9th February 1990. The prosecution alleged that after an altercation, the respondent poured kerosene on Dipika and set her on fire. Neighbours shifted her to the hospital, and on the way, she orally told neighbours that the accused had set her on fire. However, the first dying declaration recorded by the Executive Magistrate stated that she caught fire accidentally while cooking. The second dying declaration, recorded by a police officer, implicated the accused. The trial court acquitted the accused, finding the dying declarations inconsistent and unreliable. The High Court, in appeal, examined the evidence and found that the dying declarations were contradictory: the first stated accidental burning, while the second alleged homicidal burning. The medical evidence did not conclusively support homicidal death. The court held that in the absence of corroboration and due to inconsistencies, the dying declarations could not be relied upon to convict the accused. The court upheld the acquittal, noting that the prosecution failed to prove guilt beyond reasonable doubt.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Inconsistency - Indian Penal Code, 1860, Section 302 - The court examined two dying declarations made by the deceased, which were inconsistent with each other regarding the manner of burning. The first declaration stated accidental burning, while the second implicated the accused. The court held that such inconsistencies, without corroboration, render the dying declarations unreliable for conviction. (Paras 1-10) B) Evidence Law - Dying Declaration - Corroboration - Indian Evidence Act, 1872, Section 32(1) - The court emphasized that a dying declaration, though admissible, must be consistent and trustworthy. In the absence of corroboration and presence of contradictions, it cannot form the sole basis for conviction. The court upheld the acquittal as the prosecution failed to prove guilt beyond reasonable doubt. (Paras 1-10)
Issue of Consideration
Whether the dying declarations made by the deceased are reliable and consistent enough to convict the accused for murder under Section 302 of the Indian Penal Code.
Final Decision
Appeal dismissed; acquittal of respondent upheld.
Law Points
- Dying declaration
- Corroboration
- Inconsistency
- Acquittal
- Murder
- Section 302 IPC
