Case Note & Summary
The appellant, Ramesh Chaitram Shelar, was convicted by the Sessions Judge for the murder of his wife Sushila under Section 302 IPC and for cruelty under Section 498-A IPC. The prosecution case was that the appellant had an illicit relationship with a woman named Surekha and wanted to divorce the deceased. On 26th September 1989, at around 12:30 a.m., the appellant poured kerosene on the deceased while she was sleeping and set her ablaze. Neighbors, including Vasant (PW-5) and Dadabhau, heard her cries and attempted to extinguish the fire. The deceased made oral dying declarations to Vasant and Ramesh (PW-2) implicating the appellant. The trial court relied on these dying declarations to convict the appellant. In appeal, the High Court examined the evidence and found that the dying declarations were inconsistent. The deceased initially told Vasant that she caught fire from a stove, but later told Ramesh that the appellant had set her on fire. There was no corroboration from other witnesses, and the medical evidence did not support the prosecution's case. The court held that the dying declarations were not reliable and the prosecution had failed to prove the guilt beyond reasonable doubt. Consequently, the appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Dying Declaration - Reliability - Sections 302, 498-A Indian Penal Code, 1860 - The appellant was convicted for murdering his wife by setting her ablaze based on oral dying declarations. The court held that the dying declarations were inconsistent and not corroborated by other evidence, and therefore the conviction could not be sustained. The appeal was allowed and the appellant was acquitted. (Paras 1-10) B) Criminal Law - Cruelty by Husband - Section 498-A Indian Penal Code, 1860 - The allegation of harassment for divorce was not proved beyond reasonable doubt as the dying declarations did not mention such harassment and the witnesses were not consistent. The conviction under Section 498-A was also set aside. (Paras 1-10)
Issue of Consideration
Whether the dying declarations made by the deceased are reliable and sufficient to sustain the conviction of the appellant under Sections 302 and 498-A of the Indian Penal Code.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted.
Law Points
- Dying declaration must be consistent and reliable
- Conviction cannot be based solely on dying declaration without corroboration if there are inconsistencies
- Section 302 IPC requires proof of intention to cause death
- Section 498-A IPC requires proof of cruelty
