Case Note & Summary
The appellant, Baburao Yellappa Chougule, was convicted by the 4th Additional Sessions Judge, Solapur in Sessions Case No.155 of 2001 for the murder of his wife, Jijabai, under Section 302 of the Indian Penal Code and sentenced to life imprisonment with a fine of Rs.2,000. The incident occurred on 8th May 2001 when the appellant, in an inebriated condition, came home at dawn and directed the victim not to attend work. When she was cooking, he beat her and then threw a lighted match stick on her saree, causing 60% burn injuries. He then ran away. The victim succumbed to her injuries on 15th May 2001. The prosecution examined six witnesses, including the Special Executive Magistrate who recorded the first dying declaration on 8th May 2001, and a doctor who certified her fitness to make the statement. The dying declarations were consistent in all material particulars. The appellant was arrested after the victim's death. The appeal challenged the conviction on the ground that the dying declarations were unreliable. The court, however, found that the dying declarations were recorded following proper procedure and were consistent, and therefore upheld the conviction. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murdering his wife by setting her on fire. The prosecution relied on two dying declarations which were consistent and recorded following proper procedure. The court held that the dying declarations were reliable and sufficient to convict the appellant. (Paras 1-3)
Issue of Consideration
Whether the dying declarations of the victim are reliable and sufficient to sustain the conviction of the appellant under Section 302 of the Indian Penal Code.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 IPC are upheld.
Law Points
- Dying declaration
- Section 302 IPC
- Murder
- Reliability of dying declaration
- Conviction based on dying declaration
