Case Note & Summary
The appellant, Vilas Santu Gangode, was convicted by the trial court for the murder of his wife Ushabai under Section 302 of the Indian Penal Code and for cruelty under Section 498-A IPC. The prosecution alleged that on 20th July 2001, the appellant, under the influence of alcohol, demanded money from his wife and when she refused, he poured kerosene on her and set her ablaze. Ushabai suffered 90% burns and died on 22nd July 2001 in Nashik Civil Hospital. The prosecution relied on two dying declarations: one recorded by a Special Executive Magistrate (SEM) and another by a police officer. The first dying declaration stated that the fire was accidental while the appellant was cooking, whereas the second declaration implicated the appellant. The High Court found these declarations to be contradictory and unreliable. The court noted that the SEM who recorded the first declaration was not examined, and the doctor's certification of the deceased's mental fitness was lacking. The court held that the prosecution failed to prove the guilt beyond reasonable doubt and acquitted the appellant, giving him the benefit of doubt.
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. The prosecution relied on two dying declarations which were contradictory regarding the manner of incident. The first declaration stated accidental fire, while the second implicated the appellant. The court held that such inconsistencies create doubt and the benefit must go to the accused. The conviction was set aside and the appellant acquitted. (Paras 1-10) B) Criminal Law - Cruelty by Husband - Section 498-A Indian Penal Code, 1860 - The appellant was also convicted for cruelty. However, the court found that the evidence of harassment was not sufficient to prove the charge beyond reasonable doubt, especially in light of the acquittal on the murder charge. 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 consistent enough to sustain the conviction of the appellant under Section 302 and 498-A of the Indian Penal Code.
Final Decision
Appeal allowed. Conviction under Sections 302 and 498-A IPC set aside. Appellant acquitted and directed to be set at liberty.
Law Points
- Dying declaration must be consistent and reliable
- Conviction cannot be based on contradictory dying declarations
- Benefit of doubt when prosecution fails to prove guilt beyond reasonable doubt
