Case Note & Summary
The appellant, Dada Budha Baisane, was convicted under Section 302 IPC for the murder of his wife, Begambai, by pouring kerosene on her and setting her on fire. The prosecution case was that on 20 November 2010, the appellant demanded money for liquor, and when the deceased refused, he poured kerosene from a lamp on her and ignited it with a matchstick. The deceased sustained 100% burns and was taken to the hospital. Her dying declaration was recorded by Executive Magistrate Ravindra Kedar (PW6) after the doctor certified her fit to give a statement. The trial court convicted the appellant based on this dying declaration. The appellant appealed, arguing that the dying declaration was unreliable due to the extent of burns and lack of corroboration. The High Court examined the evidence, including the testimony of the doctor who certified fitness, and found the dying declaration to be voluntary, consistent, and credible. The court held that a dying declaration can be the sole basis for conviction if it inspires confidence. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 IPC, Section 32 Indian Evidence Act, 1872 - Conviction based solely on dying declaration - The deceased, Begambai, suffered 100% burns but was certified fit by doctor before recording statement - Dying declaration recorded by Executive Magistrate was clear, consistent, and voluntary - Held that dying declaration is credible and sufficient to sustain conviction for murder (Paras 1-10).
Issue of Consideration
Whether the dying declaration of the deceased is reliable and sufficient to convict the appellant for murder under Section 302 IPC.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC are confirmed.
Law Points
- Murder
- Dying Declaration
- Section 302 IPC
- Section 32 Indian Evidence Act
- 1872
- Credibility of Dying Declaration
- Motive
- Circumstantial Evidence
Case Details
2014 LawText (BOM) (06) 5
Criminal Appeal No.666 of 2011
S.S. Shinde, A.I.S. Cheema
Mr. Prakashsingh B. Patil (for appellant), Mr. G.K. Thigle (APP for State)
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC.
Remedy Sought
Appellant sought acquittal from the conviction and life sentence imposed by the trial court.
Filing Reason
Appellant was convicted for murdering his wife by setting her on fire after she refused to give him money for liquor.
Previous Decisions
Trial court convicted the appellant under Section 302 IPC and sentenced him to life imprisonment and fine.
Issues
Whether the dying declaration of the deceased is reliable and can be the sole basis for conviction.
Whether the conviction under Section 302 IPC is sustainable.
Submissions/Arguments
Appellant argued that the dying declaration was unreliable as the deceased had 100% burns and could not have been in a fit state to make a statement.
State argued that the dying declaration was recorded after medical certification of fitness and was voluntary and consistent.
Ratio Decidendi
A dying declaration can be the sole basis for conviction if it is credible, voluntary, and consistent, and if the declarant was in a fit state of mind at the time of making it.
Judgment Excerpts
This criminal appeal has been filed by the appellant being aggrieved by the judgment and order dated 30.11.2011 passed by the Additional Sessions Judge, Dhule in Sessions Case No.30 of 2011 thereby convicting the appellant for the offence punishable under Section 302 of I.P.C.
Procedural History
The appellant was convicted by the Additional Sessions Judge, Dhule on 30.11.2011 in Sessions Case No.30 of 2011. He filed the present appeal before the High Court. The appeal was reserved on 17.06.2014 and pronounced on 25.06.2014.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302
- Code of Criminal Procedure, 1973 (CrPC): 235
- Indian Evidence Act, 1872: 32
