Case Note & Summary
The State of Maharashtra filed an appeal against the judgment and order of acquittal dated 25.09.1995 passed by the 4th Additional Sessions Judge, Jalgaon in Sessions Case No. 124 of 1992, acquitting the respondent-accused Soma Laxman Nikam for the offence punishable under Section 302 of the Indian Penal Code. The prosecution case was that the deceased, a deserted married woman residing with her parents at Fekari, was set on fire by the accused on 14.08.1991 around 2:30 PM following a dispute over a house purchase. The deceased died on 15.08.1991. Two dying declarations were recorded: one by a Police Head Constable (Exhibit-28) and another by an Executive Magistrate (Exhibit-35). The Sessions Judge acquitted the accused, leading to the present appeal. The prosecution examined 12 witnesses. The court found that the two dying declarations were inconsistent with each other regarding the cause of the fire and the role of the accused. The first dying declaration (Exhibit-28) allegedly stated that the accused set her on fire, while the second (Exhibit-35) did not implicate the accused. The court held that such inconsistencies create doubt and the benefit must go to the accused. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Murder - Dying Declaration - Inconsistency - Section 302 Indian Penal Code, 1860 - The prosecution relied on two dying declarations which were inconsistent with each other regarding the cause of fire and the role of the accused. The court held that such inconsistencies create doubt and the benefit must go to the accused. The acquittal was upheld as the dying declarations were not reliable and lacked corroboration. (Paras 1-3)
Issue of Consideration
Whether the acquittal of the accused for the offence of murder under Section 302 of the Indian Penal Code is sustainable in law, given the alleged dying declarations and other evidence.
Final Decision
The appeal is dismissed. The judgment and order of acquittal dated 25.09.1995 passed by the 4th Additional Sessions Judge, Jalgaon in Sessions Case No. 124 of 1992 is upheld.
Law Points
- Dying declaration
- Corroboration
- Inconsistency
- Acquittal
- Section 302 IPC
