Case Note & Summary
The appellant, Samir Balasaheb Awati, was convicted under Section 302 of the Indian Penal Code (IPC) for the murder of Salama, and sentenced to life imprisonment by the Additional Sessions Judge, Ichalkaranji, on 25th September 2006 in Sessions Case No.38 of 2005. The appellant challenged his conviction and sentence before the Bombay High Court. The case revolved around a dying declaration made by the deceased Salama, who had suffered burn injuries. The prosecution relied heavily on this dying declaration to prove the appellant's guilt. The appellant argued that the dying declaration was unreliable as it was not recorded in the exact words of the deceased, and there were material inconsistencies. The court examined the evidence, including the testimony of the police officer who recorded the dying declaration (PW-13 Desai) and the doctor (PW-9 Todkar). The court noted that the dying declaration was not recorded in the exact words of the deceased, and there were discrepancies regarding the time of recording and the condition of the deceased. The court also observed that the dying declaration lacked corroboration from other independent witnesses. Consequently, the court held that the dying declaration was not reliable and could not form the sole basis for conviction. The court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
Headnote
A) Evidence Law - Dying Declaration - Reliability - Section 32(1) Indian Evidence Act, 1872 - The dying declaration must be recorded in the exact words of the deceased and must be free from tutoring or prompting. In the present case, the dying declaration was not recorded in the exact words of the deceased and there were inconsistencies, making it unreliable. (Paras 1-34) B) Criminal Law - Murder - Conviction based on Dying Declaration - Section 302 IPC - When a dying declaration is found to be unreliable, the conviction cannot be sustained. The court held that the dying declaration was not corroborated by other evidence and thus the appellant was entitled to acquittal. (Paras 1-34)
Issue of Consideration
Whether the dying declaration recorded by the police officer is reliable and can form the sole basis for conviction under Section 302 IPC.
Final Decision
The appeal is allowed. The conviction and sentence of the appellant under Section 302 IPC are set aside. The appellant is acquitted and directed to be released forthwith unless required in any other case.
Law Points
- Dying declaration must be recorded in the exact words of the deceased
- Dying declaration must be corroborated if there are inconsistencies
- Section 32(1) of Indian Evidence Act
- 1872
