Case Note & Summary
The appellant, Deepak Bhaurao Chautmal, was convicted under Section 302 of the Indian Penal Code, 1860, for the murder of his wife, Nanda, by the Sessions Court in Sessions Case No. 23 of 2003. The conviction was based primarily on a second dying declaration made by the deceased on 22.9.2003, which implicated the appellant. The appellant appealed to the Bombay High Court. The High Court noted that the deceased had sustained burn injuries on 20.9.2003 and was admitted to the hospital by the appellant, who also suffered burn injuries. The prosecution examined five witnesses. The court found that the first dying declaration, made earlier, exonerated the appellant, while the second declaration was inconsistent and lacked corroboration. The court also observed that the appellant's act of admitting the deceased to the hospital and sustaining injuries himself were inconsistent with guilt. The High Court held that the conviction was based on unreliable evidence and set aside the conviction, acquitting the appellant.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Multiple Dying Declarations - Indian Penal Code, 1860, Section 302 - The court examined the admissibility and weight of two dying declarations made by the deceased. The first declaration exonerated the accused, while the second implicated him. The court held that the second declaration was unreliable due to inconsistencies and lack of corroboration, and the conviction based solely on it was unsustainable. (Paras 4-8) B) Criminal Law - Murder - Circumstantial Evidence - Indian Penal Code, 1860, Section 302 - The prosecution's case was based on suspicion and circumstantial evidence. The court noted that the accused himself sustained burn injuries and admitted the deceased to the hospital, which was inconsistent with guilt. The court held that the evidence did not prove the charge beyond reasonable doubt. (Paras 2-8)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on a dying declaration is sustainable when there are inconsistencies between multiple dying declarations and lack of corroborative evidence.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Dying declaration
- Reliability of multiple dying declarations
- Corroboration
- Section 302 IPC
- Section 304B IPC
- Section 498A IPC
