Case Note & Summary
The appellant, Balaji Vishwanath Mane, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Kalpana, by pouring kerosene on her and setting her on fire. The incident occurred on 12 June 2006 at their residence in Mumbai. The appellant, who was intoxicated, abused and beat his wife before setting her ablaze. Neighbors extinguished the fire and took her to the hospital, where she gave two dying declarations consistent in naming her husband as the assailant. She died the next day. The trial court convicted the appellant, and he appealed to the High Court. The High Court examined the credibility of the dying declarations and found them to be voluntary, consistent, and corroborated by the testimony of PW1 Nagesh, who saw the appellant running away after the incident. The court rejected the defence's claim that the fire was accidental, as there was no evidence to support it. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - Conviction based on dying declarations - Deceased wife gave two consistent dying declarations naming her husband as the perpetrator who poured kerosene and set her on fire - Court held that the dying declarations were voluntary, credible, and corroborated by other evidence, and thus sufficient to convict the appellant - Held that the defence of accidental fire was not supported by evidence (Paras 1-3).
Issue of Consideration
Whether the dying declarations of the deceased are credible and sufficient to sustain the conviction of the appellant under Section 302 IPC.
Final Decision
Appeal dismissed. Conviction and sentence under Section 302 IPC upheld.
Law Points
- Dying declaration
- credibility of dying declaration
- conviction under Section 302 IPC
- murder by burning
- intoxication not a defence
