Case Note & Summary
The appellant, Macchidra Namdeo Shelar, was convicted by the Ad-Hoc Additional Sessions Judge, Pune, for the murder of his wife Vijaya under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The case revolved around the dying declaration of Vijaya, who sustained 87% burns. In her dying declaration recorded by Head Constable Salvi (PW-4) at Sassoon Hospital, she stated that the appellant and his aunt poured kerosene on her and set her ablaze. The prosecution also presented oral dying declarations made to her father Vitthal (PW-5) and Dr. Sinha (PW-8). The trial court convicted the appellant but acquitted the co-accused aunt. On appeal, the High Court examined the credibility of the dying declaration. The court noted that the dying declaration was recorded after the medical officer certified that Vijaya was in a fit condition to give a statement. The declaration was consistent with the oral dying declarations and the medical evidence. The court found no reason to disbelieve the dying declaration, as it was voluntary, truthful, and not influenced by tutoring. The court held that a conviction can be based solely on a dying declaration if it inspires confidence. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - Section 32 Indian Evidence Act, 1872 - Appeal against conviction for murder based on dying declaration - Deceased Vijaya sustained 87% burns and in her dying declaration stated that appellant and his aunt poured kerosene and set her ablaze - Trial court convicted appellant, acquitted co-accused - High Court examined credibility of dying declaration and found it to be truthful, voluntary, and consistent with medical evidence and oral dying declarations - Held that conviction can be based solely on dying declaration if it inspires confidence and is free from tutoring (Paras 5-10).
Issue of Consideration
Whether the dying declaration of the deceased Vijaya is credible and reliable to sustain the conviction of the appellant under Section 302 of the Indian Penal Code.
Final Decision
Appeal dismissed. Conviction and sentence of life imprisonment under Section 302 IPC confirmed.
Law Points
- Dying declaration
- Section 32 Indian Evidence Act
- 1872
- credibility of dying declaration
- conviction based on dying declaration
- Section 302 Indian Penal Code
- 1860
