Case Note & Summary
The appellant, Anil Laxman Hichami, was convicted by the Sessions Judge, Gadchiroli, for the murder of the deceased under Section 302 of the Indian Penal Code, 1860, and sentenced to rigorous imprisonment for life and a fine of Rs. 1000. The conviction was based primarily on two written dying declarations and one oral dying declaration made to the deceased's wife, Banibai (P.W.3). The appellant challenged the conviction in the Bombay High Court, Nagpur Bench, arguing that the prosecution failed to prove his guilt beyond reasonable doubt due to inherent flaws in the dying declarations. The High Court, after re-appreciating the evidence, found that the dying declarations were inconsistent and unreliable. The court noted that the written dying declarations contained contradictions and lacked corroboration from independent witnesses. The oral dying declaration to Banibai was also not supported by other evidence. Consequently, the High Court held that the prosecution had not met the standard of proof required for a criminal conviction. The appeal was allowed, the impugned judgment and order of conviction were set aside, and the appellant was acquitted of all charges.
Headnote
A) Criminal Law - Murder - Dying Declaration - Reliability - Conviction under Section 302 IPC based on two written dying declarations and one oral dying declaration - The court found inherent flaws in the dying declarations, including inconsistencies and lack of corroboration - Held that the prosecution failed to prove guilt beyond reasonable doubt - Appeal allowed, conviction set aside (Paras 1-5).
Issue of Consideration
Whether the dying declarations (two written and one oral) are reliable and sufficient to sustain the conviction of the appellant under Section 302 of the Indian Penal Code, 1860.
Final Decision
Appeal allowed. Impugned judgment and order of conviction dated 30.09.2013 passed by the learned Sessions Judge, Gadchiroli, in S.C. No. 06 of 2012 is set aside. Appellant is acquitted of the offence punishable under Section 302 of the Indian Penal Code, 1860. Fine, if paid, be refunded to the appellant.
Law Points
- Dying declaration must be consistent and reliable
- Inherent flaws in dying declaration cannot be basis for conviction
- Oral dying declaration must be corroborated
