Case Note & Summary
The State of Maharashtra appealed against the acquittal of the accused Raghunath Ramchandra Sable for offences under Sections 302 and 504 of the Indian Penal Code, 1860. The deceased Archana was married to the accused and allegedly subjected to ill-treatment because the accused wanted to remarry. On 10.11.1994, the accused allegedly poured kerosene on Archana and set her on fire. The prosecution relied on two dying declarations: one recorded by a Special Executive Magistrate (Exh. 28) and another recorded by a Police Officer (Exh. 29). The trial court acquitted the accused, finding the dying declarations inconsistent and unreliable. The High Court examined the evidence and found that the first dying declaration did not name the accused, while the second named him but contradicted medical evidence regarding the time of recording. The court held that the dying declarations were not consistent and lacked corroboration. The High Court also noted that the trial court's findings were not perverse and that in an appeal against acquittal, interference is limited. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Murder - Dying Declaration - Reliability - Sections 302, 504 Indian Penal Code, 1860 - The prosecution relied on two dying declarations (Exh. 28 and Exh. 29) which were inconsistent with each other regarding the manner of incident and presence of accused - The first declaration did not name the accused, while the second named him but contradicted medical evidence - Held that dying declarations were not reliable and could not form the sole basis for conviction (Paras 10-15). B) Criminal Law - Appeal against Acquittal - Scope of Interference - Section 378 Code of Criminal Procedure, 1973 - The High Court in an appeal against acquittal can interfere only if the findings of the trial court are perverse or unreasonable - The trial court's acquittal based on appreciation of evidence and inconsistencies in dying declarations was not perverse - Held that no interference is warranted (Paras 16-18).
Issue of Consideration
Whether the dying declarations of the deceased were reliable and sufficient to convict the accused for murder under Section 302 IPC and for intentional insult under Section 504 IPC.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the accused for offences under Sections 302 and 504 IPC.
Law Points
- Dying declaration must be consistent and reliable
- corroboration of dying declaration
- Section 302 IPC
- Section 504 IPC
- appreciation of evidence in criminal appeal against acquittal
