Case Note & Summary
The appellant, Gajanan Jiddewar, was convicted by the Additional Sessions Judge, Kelapur for the murder of his wife Laxmi under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that the appellant, having illicit relations with another woman, harassed his wife and on 22/04/2011, beat her, poured kerosene on her, and set her on fire. The deceased initially survived and gave statements to a police officer and a Naib Tahasildar, but later died. The trial court relied on three dying declarations (Exh.32, Exh.49, Exh.66) to convict the appellant, while acquitting him under Section 498A IPC. In appeal, the appellant argued that the dying declarations were unreliable. The High Court examined the dying declarations and found material inconsistencies: Exh.32 stated the appellant poured kerosene and set her on fire, Exh.49 stated the appellant beat her and she caught fire from a stove, and Exh.66 stated the appellant poured kerosene and set her on fire. The court noted that the medical evidence did not support the time of death as recorded in the dying declarations. The court held that the dying declarations were not consistent and could not be relied upon as the sole basis for conviction. The court also noted that the prosecution failed to examine independent witnesses. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Murder - Dying Declaration - Reliability - Sections 302, 498A Indian Penal Code, 1860 - The appellant was convicted for murder of his wife based on three dying declarations. The court found that the dying declarations were inconsistent with each other and not corroborated by medical evidence regarding the time of death. Held that the dying declarations were not reliable and the appellant was entitled to benefit of doubt (Paras 5-10).
Issue of Consideration
Whether the dying declarations recorded in the case are reliable and sufficient to sustain the conviction of the appellant under Section 302 of the Indian Penal Code.
Final Decision
Appeal allowed. Conviction under Section 302 IPC set aside. Appellant acquitted. Fine, if paid, to be refunded.
Law Points
- Dying declaration must be reliable and consistent
- Dying declaration not corroborated by medical evidence cannot be sole basis for conviction
- Benefit of doubt to accused
