Case Note & Summary
The appellant, Sangeeta Raju Shinde, was convicted under Section 307 of the Indian Penal Code for attempting to murder the victim, Khurshid Yakub Shaikh, by sprinkling kerosene and setting her on fire. The incident occurred on 24 October 1994, allegedly due to the appellant's suspicion that the victim was having an illicit relationship with her husband. The victim suffered 35% to 38% burn injuries. The prosecution relied on multiple dying declarations made by the victim to her husband, a neighbour, a doctor, a police officer, and a judicial magistrate. However, the court found significant inconsistencies among these declarations. For instance, the victim told her husband that the appellant poured kerosene and set her on fire, but in the dying declaration recorded by the magistrate, she stated that the appellant sprinkled kerosene and lit a matchstick. Additionally, the victim's statement to the police officer did not mention kerosene at all. The court also noted that the victim discharged herself from the hospital against medical advice, which was unusual. The appellant had immediately gone to the police station and reported that the victim had set herself on fire. The court held that the dying declarations were not consistent and reliable, and the prosecution failed to prove the case beyond reasonable doubt. Consequently, the appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Dying Declaration - Reliability - The court examined whether the dying declarations recorded were consistent and reliable. The victim made multiple dying declarations with contradictions regarding the presence of kerosene and the manner of ignition. The court held that such inconsistencies create doubt and the accused is entitled to benefit of doubt (Paras 1-16). B) Evidence Law - Dying Declaration - Corroboration - Sections 32(1) Indian Evidence Act, 1872 - The court noted that while a dying declaration can be the sole basis for conviction, it must be trustworthy and free from doubt. In this case, the dying declarations were inconsistent and not corroborated by other evidence, leading to acquittal (Paras 10-16).
Issue of Consideration
Whether the conviction of the appellant under Section 307 of the Indian Penal Code based on dying declarations is sustainable when there are inconsistencies and lack of corroboration.
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
- Conviction cannot be based solely on dying declaration if there are contradictions
- Benefit of doubt must be given to accused when prosecution fails to prove guilt beyond reasonable doubt
