Case Note & Summary
The appellant, Yuvraj Tikaram Dhoke, was convicted by the 2nd Additional Sessions Judge, Amravati, for the murder of Ramratibai Ganeshsingh Thakur under Section 302 IPC and for house trespass under Section 452 IPC, sentenced to life imprisonment and three years rigorous imprisonment respectively. The incident occurred in a densely populated area, but there were no eye witnesses. The prosecution relied on two dying declarations: one recorded by a Special Judicial Magistrate (Exh.52, 34, 53, 35) and another made to the police (Exh.58). The appellant challenged the conviction on the grounds that the material circumstances from the dying declarations were not put to him during his examination under Section 313 CrPC, and that the dying declarations were procedurally flawed. The High Court found merit in these arguments. The court noted that the Special Magistrate could not recall details of other dying declarations recorded around the same time, and the medical certificate of fitness was given casually. Additionally, the dying declaration recorded by the police was inadmissible. The court also observed that PW7 Prakash Ramteke, who admitted the deceased to the hospital, did not hear any disclosure from her. Consequently, the court held that the conviction could not be sustained and allowed the appeal, setting aside the conviction and sentence.
Headnote
A) Criminal Procedure Code - Section 313 - Examination of Accused - Material Circumstances - The court held that failure to put material circumstances, such as the contents of dying declarations, to the accused while recording his statement under Section 313 CrPC vitiates the conviction. The accused must be given an opportunity to explain each incriminating circumstance. (Paras 3-4) B) Evidence Act - Dying Declaration - Admissibility - A dying declaration recorded by a police officer is inadmissible except as provided under Section 32 of the Evidence Act. The court noted that the statement at Exh.58 was made to police and could not be used as a dying declaration. (Para 3) C) Evidence Act - Dying Declaration - Fitness Certificate - The medical officer's certificate of fitness must be based on proper examination. The court observed that the certificate in this case was given casually, rendering the dying declaration unreliable. (Para 3)
Issue of Consideration
Whether the conviction based on dying declarations is sustainable when the material circumstances were not put to the accused under Section 313 CrPC and when the dying declarations suffer from procedural irregularities.
Final Decision
Appeal allowed. Conviction and sentence under Sections 302 and 452 IPC set aside. Appellant acquitted.
Law Points
- Dying declaration must be recorded after proper certification of fitness
- Statement under Section 313 CrPC must put all material circumstances to accused
- Dying declaration recorded by police is inadmissible except as provided in Section 32 of Evidence Act
