Case Note & Summary
The appellant, Rajkumar Shivnath Yadav, was convicted by the Sessions Judge, Daman, for the murder of his wife Payal under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 29.8.2011, the appellant poured kerosene on his wife and set her ablaze, then locked the door from outside. The deceased was rescued by neighbours and taken to hospital, where she gave two dying declarations: one to PSI Jivani (Exh.30) and another to Executive Magistrate Dhirajlal Tandel (Exh.15), both implicating the appellant. The trial court relied on these declarations to convict. On appeal, the Bombay High Court examined the reliability of the dying declarations. The court noted that the dying declaration recorded by the Executive Magistrate was not in question-answer form, and the doctor had not certified that the deceased was in a fit state of mind before recording. Additionally, the medical evidence showed that the deceased had 100% burns and was under sedation, raising doubts about her ability to make coherent statements. The court also found that the prosecution failed to produce any corroborative evidence, such as the presence of kerosene on the appellant's clothes or independent witnesses. The court held that the dying declarations were unreliable and that the prosecution had not proved its case beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Evidence Law - Dying Declaration - Reliability - Section 32(1) of Indian Evidence Act, 1872 - Dying declaration must be recorded in proper form and be free from tutoring or influence - In the present case, the dying declaration recorded by the Executive Magistrate was not in question-answer form and the doctor's certification was not obtained before recording - Held that such dying declaration is not reliable (Paras 10-15). B) Criminal Law - Murder - Circumstantial Evidence - Section 302 IPC - When dying declarations are found unreliable, conviction cannot be based solely on them without corroboration - The prosecution failed to prove the presence of kerosene on the appellant's clothes or any other corroborative evidence - Held that the appellant is entitled to acquittal (Paras 16-20).
Issue of Consideration
Whether the dying declarations of the deceased are reliable and sufficient to sustain the conviction of the appellant for murder under Section 302 IPC.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Dying declaration must be recorded in proper form and be free from tutoring
- Dying declaration must be corroborated if there are inconsistencies
- Benefit of doubt must be given to accused if prosecution fails to prove guilt beyond reasonable doubt
