Case Note & Summary
The appellant, Vithal Kondiba Padghane, was convicted by the Sessions Judge, Nanded, under Section 302 of the Indian Penal Code for the murder of his wife, Punyarathabai, by pouring kerosene on her and setting her on fire. The incident occurred on 5 August 2011 at their residence in Koli, Taluka Hadgaon, District Nanded. The prosecution case rested primarily on two dying declarations made by the deceased: one recorded by a police officer (PW7) at the hospital on the night of the incident, and another recorded by a Special Judicial Magistrate (PW8) the next morning. The appellant appealed against his conviction and life sentence. The High Court examined the dying declarations and found material inconsistencies between them. In the first declaration, the deceased stated that her husband poured kerosene and set her on fire, while in the second declaration, she stated that the accused was not present at the time of the incident and that she caught fire accidentally while cooking. The court also noted that the first dying declaration was recorded by a police officer without obtaining a medical certificate regarding the fitness of the declarant, and the second declaration was recorded after the deceased had been administered sedatives. The court held that the dying declarations were not reliable and did not inspire confidence. The prosecution failed to corroborate the dying declarations with other evidence, such as independent witnesses or medical evidence. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Evidence Law - Dying Declaration - Reliability - Section 32(1) of the Indian Evidence Act, 1872 - The court examined the admissibility and evidentiary value of dying declarations recorded by a police officer and a Special Judicial Magistrate. Held that a dying declaration must be consistent and inspire confidence; if there are material contradictions between multiple dying declarations, the benefit of doubt must go to the accused. (Paras 10-15) B) Criminal Law - Murder - Conviction based on Dying Declaration - Section 302 of the Indian Penal Code, 1860 - The appellant was convicted for murder of his wife based on two dying declarations. The court found that the first dying declaration recorded by the police officer was not corroborated by the second dying declaration recorded by the Magistrate, and there were inconsistencies regarding the presence of the accused at the time of the incident. Held that the prosecution failed to prove the case beyond reasonable doubt, and the conviction was set aside. (Paras 16-20) C) Criminal Procedure - Dying Declaration - Recording by Police Officer - Section 161 of the Code of Criminal Procedure, 1973 - The court noted that a dying declaration recorded by a police officer is not per se inadmissible but must be scrutinized carefully. In this case, the first dying declaration was recorded by a police officer without prior certification of fitness of the declarant, which raised doubts about its reliability. (Paras 12-14)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code based on dying declarations is sustainable in law when the dying declarations suffer from material inconsistencies and are not corroborated by other evidence.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of the charge under Section 302 IPC. Bail bonds cancelled.
Law Points
- Dying declaration must be consistent and reliable
- Dying declaration recorded by police officer not per se inadmissible but must be corroborated
- Conviction can be based on dying declaration alone if it inspires confidence
- Inconsistencies in multiple dying declarations lead to acquittal
