Case Note & Summary
The appellant, Ganpat Bakaramji Lad, was convicted by the Additional Sessions Judge-2, Amravati, for the murder of his wife Manisha alias Manorama under Section 302 of the Indian Penal Code, 1860, and sentenced to life imprisonment. The prosecution case was that the appellant, under the influence of liquor, poured kerosene on his wife and set her on fire on 21st February 2011. The deceased succumbed to burns. The conviction was primarily based on dying declarations made by the deceased to her brother Anil Pohane and to the police. The appellant appealed to the Bombay High Court. The High Court found that the dying declarations were inconsistent with each other and with the medical evidence. The court noted that the deceased had stated different versions of the incident to different persons, and there was no independent corroboration. The court also observed that the prosecution failed to examine material witnesses. Consequently, the court held that the prosecution had not proved its case beyond reasonable doubt, and the appellant was entitled to the benefit of doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Dying Declaration - Reliability - Section 302 Indian Penal Code, 1860 - The court examined the dying declarations of the deceased which were inconsistent and not corroborated by medical evidence or other witnesses. The court held that the dying declarations were not reliable and the prosecution failed to prove the guilt beyond reasonable doubt. (Paras 1-10) B) Evidence Law - Dying Declaration - Corroboration - Section 32 Indian Evidence Act, 1872 - The court held that a dying declaration must be consistent and trustworthy; if there are material inconsistencies and lack of corroboration, it cannot be the sole basis for conviction. (Paras 5-8)
Issue of Consideration
Whether the dying declarations made by the deceased are reliable and sufficient to sustain the conviction of the appellant under Section 302 of the Indian Penal Code, 1860.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Dying declaration must be reliable and consistent
- Conviction cannot be based on uncorroborated dying declaration if there are inconsistencies
- Benefit of doubt must be given to accused if prosecution fails to prove guilt beyond reasonable doubt
