Case Note & Summary
The appellant, Pradeep Ramchandra Pawar, was convicted by the Sessions Judge, Satara for the murder of his wife Sunita by pouring kerosene and setting her ablaze. The prosecution's case relied heavily on two dying declarations made by the deceased. The first dying declaration was recorded by a Special Executive Magistrate, and the second was recorded by a police officer. The High Court found that the two dying declarations were inconsistent with each other regarding the manner in which the incident occurred. The first declaration implicated the appellant, while the second declaration exonerated him. The court also noted that the medical evidence did not corroborate the prosecution's version. The court held that in the absence of consistent and reliable dying declarations, the conviction could not be sustained. The appellant was given the benefit of doubt and acquitted of all charges.
Headnote
A) Evidence Law - Dying Declaration - Reliability - Inconsistency - Multiple dying declarations must be consistent and reliable; if they contradict each other, they cannot form the sole basis for conviction. The court held that where two dying declarations are inconsistent, the benefit of doubt must go to the accused. (Paras 1-10) B) Criminal Law - Murder - Section 302 IPC - Acquittal - Benefit of Doubt - The appellant was acquitted as the prosecution failed to prove guilt beyond reasonable doubt due to contradictory dying declarations and lack of corroborative evidence. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant for murder 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 of all charges. Fine, if paid, to be refunded.
Law Points
- Dying declaration must be consistent and reliable
- Inconsistency between multiple dying declarations leads to acquittal
- Burden of proof on prosecution
- Benefit of doubt to accused
