Case Note & Summary
The appellant, Mahadeo Prabhu Loondhe, was convicted by the Sessions Judge, Pune, for the murder of his wife, Banabai, under Section 302 of the Indian Penal Code, 1860, and sentenced to life imprisonment. The case was based on two dying declarations made by the deceased. The first declaration, recorded on 27 February 2007, stated that the appellant poured kerosene on her and set her on fire. The second declaration, recorded on 28 February 2007, stated that she caught fire from a stove while cooking. The appellant consistently denied the allegations. The prosecution examined five witnesses, including the mother of the deceased (PW3), the investigating officer (PW4), and the doctor who performed the postmortem (PW2). The trial court relied on the dying declarations and convicted the appellant. On appeal, the Bombay High Court examined the consistency and reliability of the dying declarations. The court noted that the two declarations were contradictory: one implicated the appellant, while the other suggested an accident. The medical evidence showed 95% burns, but the doctor did not confirm that the burns were caused by kerosene. The court held that the dying declarations were not reliable and that the prosecution failed to prove the guilt beyond reasonable doubt. The court also noted that the mother of the deceased (PW3) turned hostile and did not support the prosecution's case. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murder of his wife based on two dying declarations. The first declaration stated the appellant poured kerosene and set her on fire, while the second stated she caught fire from a stove. The court held that the dying declarations were contradictory and unreliable, and the prosecution failed to prove the case beyond reasonable doubt. The conviction was set aside and the appellant was acquitted. (Paras 1-14) B) Evidence Law - Dying Declaration - Reliability - Indian Evidence Act, 1872 - The court emphasized that a dying declaration must be consistent and trustworthy. In this case, the two dying declarations were contradictory, and the medical evidence did not support the prosecution's case. The court held that the appellant was entitled to the benefit of doubt. (Paras 8-14)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on dying declarations is sustainable when the dying declarations are inconsistent and lack corroboration.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Dying declaration must be consistent and reliable
- Conviction cannot be based on contradictory dying declarations
- Benefit of doubt when prosecution fails to prove guilt beyond reasonable doubt
