Case Note & Summary
The appellant, Liladhar Latkan Sapkale, was convicted by the Additional Sessions Judge, Jalgaon for the murder of Suresh Eknath Sapkale under Section 302 of the Indian Penal Code, 1860 and sentenced to life imprisonment. The prosecution case was that on 29.06.2010, the deceased returned home after agricultural work and was lying on a cot in the courtyard at about 10.30 p.m. The appellant, in a drunken condition, came and assaulted the deceased with a sickle. The deceased caught the sickle, sustaining injuries to his palm. Pralhad Eknath Sapkale (PW4), Vasudeo Hari Sapkale, and the deceased's wife Latabai (PW2) intervened and took the sickle from the appellant. The deceased was admitted to the hospital. At about 1.10 a.m. on 30.06.2010, ASI Vasant Chaudhari (PW1) reached the hospital upon receiving a phone call from the doctor. After the doctor (PW7) examined the victim and endorsed that he was fit to give a statement, PW1 recorded the dying declaration (Exh.15) in which the victim narrated the incident. Initially, an offence under Sections 326, 510, and 323 IPC was registered, but the victim later died. Investigation was carried out by PW9 Prakash, who seized the victim's underwear, the appellant's shirt, and the sickle. Chemical analysis reports (Exh.39 and 40) showed human blood on the sickle, shirt, and underwear, though the blood group was inconclusive. The trial court convicted the appellant based on the dying declaration and circumstantial evidence. The appellant appealed, challenging the admissibility and reliability of the dying declaration. The High Court examined the evidence and found that the dying declaration was recorded after the doctor's endorsement that the victim was conscious and fit to give a statement. The court held that the dying declaration was admissible under Section 32 of the Indian Evidence Act, 1872 and was reliable. Minor inconsistencies in the evidence of PW1 and PW2 did not affect the credibility of the dying declaration. The court also noted that the recovery of the blood-stained sickle and clothes, coupled with the chemical analysis reports, corroborated the dying declaration. The court concluded that the chain of circumstances was complete and pointed to the guilt of the appellant. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Dying Declaration - Admissibility and Reliability - Section 32 Indian Evidence Act, 1872 - Dying declaration recorded by ASI after obtaining doctor's endorsement that victim was conscious and fit to give statement - Court held that the dying declaration is admissible and reliable as it was recorded in the presence of a doctor, and minor inconsistencies do not affect its credibility - Held that conviction can be based on dying declaration without corroboration if it inspires confidence (Paras 7-10). B) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Prosecution case based on dying declaration and recovery of blood-stained sickle and clothes - Chemical analysis report showed human blood on articles - Court held that the chain of circumstances is complete and points to the guilt of the accused - Held that the conviction under Section 302 IPC is sustainable (Paras 11-14).
Issue of Consideration
Whether the dying declaration (Exh.15) recorded by ASI Vasant Chaudhari (PW1) is reliable and admissible in evidence, and whether the conviction under Section 302 IPC is sustainable.
Final Decision
The appeal is dismissed. The judgment and order of conviction and sentence passed by the Additional Sessions Judge, Jalgaon on 08.12.2011 is confirmed.
Law Points
- Dying declaration
- Admissibility of dying declaration
- Section 32 Indian Evidence Act
- 1872
- Circumstantial evidence
- Murder
- Section 302 Indian Penal Code
- 1860
