Case Note & Summary
The case pertains to the death of Urmila, who was married to Ganesh, the son of the appellant Sumanbai. The incident occurred on 23rd April 2010 at the house of the accused in Ujani, Ambajogai. According to the prosecution, at about 9:00 am, Urmila was beaten by her husband alleging that she did not know how to work. At 10:00 am, a quarrel ensued, and the appellant threatened to set Urmila on fire. The appellant then poured kerosene on Urmila and set her ablaze. Urmila sustained 97% burns and was admitted to S.R.T.R. Hospital, Ambajogai, where she succumbed to her injuries on 25th April 2010. The trial court convicted the appellant under Section 302 IPC and sentenced her to life imprisonment, while acquitting her under Section 498-A IPC and acquitting her son (the husband) of all charges. The appellant appealed against the conviction. The legal issues considered were whether the dying declarations were reliable and whether the conviction could be sustained. The appellant argued that the dying declarations were inconsistent and not corroborated by medical evidence. The state argued that the dying declarations were consistent and sufficient for conviction. The court analyzed the two dying declarations: one recorded by the police head constable and another by the Executive Magistrate. The court found material contradictions between the two declarations regarding the role of the appellant. The medical evidence indicated that the deceased had 97% burns and was in a precarious condition, but the doctor certified her fit to give a statement. The court held that the dying declarations did not inspire confidence and were not corroborated by other evidence. The court also noted that the husband was acquitted, and there was no independent witness. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Evidence Law - Dying Declaration - Reliability - Section 32(1) of Indian Evidence Act, 1872 - The court examined the admissibility and evidentiary value of dying declarations made by the deceased. It held that a dying declaration must be consistent and inspire confidence. In the present case, there were material contradictions between the two dying declarations, and the medical evidence did not support the prosecution's version. The court found that the dying declarations were not reliable and set aside the conviction. (Paras 10-15) B) Criminal Law - Murder - Section 302 of Indian Penal Code, 1860 - The appellant was convicted for murder under Section 302 IPC for allegedly pouring kerosene on the deceased and setting her ablaze. The court held that the prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the dying declarations and lack of corroboration. The appeal was allowed, and the appellant was acquitted. (Paras 16-20)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code based on dying declarations is sustainable when the dying declarations are inconsistent and not corroborated by other evidence.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Dying declaration must be consistent and reliable
- Corroboration of dying declaration is not mandatory but must be free from doubt
- Conviction can be based on dying declaration if it inspires confidence
- Inconsistencies in multiple dying declarations lead to acquittal
