Case Note & Summary
The appellant, Nalini Ramchandra Anpat, was convicted by the Additional Sessions Judge, Satara, for the murder of her sister-in-law, Sharda, under Section 302 of the Indian Penal Code. The incident occurred on 30 April 2007, when a quarrel broke out between the appellant and the deceased over a television volume and property partition. During the quarrel, the appellant poured kerosene on Sharda and set her on fire. Sharda sustained severe burns and died on 6 May 2007. Three dying declarations were recorded by different officials: PW3 Police Head Constable Bhimrao Chormale (Exhibit 29), PW4 SEM Prakash Rajapur (Exhibit 34), and PW6 Head Constable Sapkal (Exhibit 38). All three dying declarations consistently implicated the appellant. The first dying declaration was treated as the First Information Report. The appellant pleaded not guilty and claimed false implication. The trial court convicted the appellant based on the dying declarations and sentenced her to life imprisonment and a fine. On appeal, the High Court examined the dying declarations and found them to be consistent, voluntary, and reliable. The court noted that the dying declarations were recorded by different officials at different times, yet they all named the appellant as the perpetrator. The court also considered the medical evidence, which confirmed that the death was due to burns. The appellant's defence of total denial and false implication was rejected. The High Court held that the dying declarations were sufficient to sustain the conviction and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, Section 32 Indian Evidence Act, 1872 - Conviction based on three dying declarations - The appellant was convicted for murder by pouring kerosene and setting the deceased on fire. The court examined the three dying declarations (Exhibits 29, 34, 38) and found them to be consistent, voluntary, and reliable. The court held that the dying declarations were sufficient to sustain the conviction, as they were corroborated by medical evidence and the circumstances. (Paras 1-5) B) Evidence Law - Dying Declaration - Credibility - Section 32 Indian Evidence Act, 1872 - Multiple dying declarations - The court considered the argument that the dying declarations were not reliable due to the deceased being under the influence of burns and pain. However, the court found that the dying declarations were recorded by different officials, were consistent, and the deceased was in a fit state of mind. The court held that the dying declarations could be relied upon to convict the appellant. (Paras 4-5)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code based on three dying declarations is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 IPC are upheld.
Law Points
- Dying declaration
- Section 32 Indian Evidence Act
- 1872
- credibility of dying declaration
- multiple dying declarations
- consistency
- conviction based on dying declaration
