Case Note & Summary
The appellant, Bapurao Siddeshwar Salave, was convicted by the Additional Sessions Judge, Borivali Division, Mumbai, for the murder of his wife Mangal under Section 302 IPC and sentenced to life imprisonment. The prosecution's case was based on two dying declarations made by Mangal: one recorded by PSI Shivaji Shirsat (Exhibit 37) and another by Naib Tahsildar Sadashiv Shinde (Exhibit 24). The appellant appealed against his conviction. The High Court examined the evidence and found that the first dying declaration recorded by the police officer could not be relied upon because there was no evidence that a medical officer had certified Mangal's fitness to make a statement before it was recorded. The second dying declaration, though recorded after medical certification, contained inconsistencies: in the first declaration, Mangal stated that the appellant poured kerosene from a make-shift lamp, while in the second, she stated he poured kerosene from a kerosene lamp. The court noted that the source of kerosene was inconsistent and that the dying declarations did not inspire confidence. The court also considered the defence that Mangal committed suicide due to a quarrel with her mother. The court held that the dying declarations were unreliable and that the prosecution had failed to prove the case beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Section 302 Indian Penal Code, 1860 - The court examined the evidentiary value of two dying declarations recorded by a police officer and a Naib Tahsildar - Held that the dying declaration recorded by the police officer was not reliable as there was no evidence of certification of fitness by a medical officer before recording, and the declaration recorded by the Naib Tahsildar suffered from inconsistencies regarding the source of kerosene - The court found that the dying declarations did not inspire confidence and acquitted the appellant (Paras 4-6). B) Criminal Law - Dying Declaration - Medical Certification - Section 32 Indian Evidence Act, 1872 - The court emphasized that for a dying declaration to be admissible, it must be recorded after the medical officer certifies that the declarant is in a fit state of mind - In the present case, the first dying declaration lacked such certification, rendering it unreliable - The court held that the absence of medical certification is a significant factor in assessing the credibility of a dying declaration (Para 4).
Issue of Consideration
Whether the dying declarations recorded by the police officer and the Naib Tahsildar are reliable and can form the basis of conviction under Section 302 IPC.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Dying declaration must be recorded after certification of fitness by medical officer
- Dying declaration must be free from tutoring or prompting
- Conviction can be based on dying declaration without corroboration if it inspires confidence
- Inconsistencies in dying declarations render them unreliable
