Case Note & Summary
The appellant, Sukhchand Shambhuji Bhalavi, was convicted by the Additional Sessions Judge, Nagpur, under Section 302 of the Indian Penal Code for the murder of his wife, Kalpana, by pouring kerosene and setting her ablaze. The incident occurred on the night of December 27, 2008. The prosecution relied on two dying declarations: one made by Kalpana to her mother, Suman Gedam (PW 6), and another recorded by Head Constable Deorao Bhokare (PW 7) on December 28, 2008. In the first declaration, Kalpana stated that her husband poured kerosene from behind and set her on fire. In the second declaration, she stated that she caught fire while cooking and her husband tried to save her. The court found these declarations to be contradictory and inconsistent. Additionally, the medical evidence did not support the prosecution's case, and there were no independent witnesses. The court held that the dying declarations were unreliable and could not be the sole basis for conviction. Consequently, the appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Inconsistency - Indian Penal Code, 1860, Section 302; Indian Evidence Act, 1872, Section 32 - The court examined two dying declarations made by the deceased, one to her mother and another recorded by a police officer. The declarations were inconsistent regarding the manner of the incident and the presence of the appellant. The court held that when dying declarations are contradictory and not corroborated by other evidence, they cannot form the sole basis for conviction. The appellant was acquitted due to the unreliable nature of the dying declarations (Paras 1-10).
Issue of Consideration
Whether the dying declarations made by the deceased are reliable and sufficient to sustain a conviction under Section 302 of the Indian Penal Code.
Final Decision
The appeal is allowed. The judgment and order of conviction passed by the Additional Sessions Judge, Nagpur in Session Trial No.220 of 2009 is set aside. The appellant is acquitted of the offence punishable under Section 302 of the Indian Penal Code. The appellant is directed to be set at liberty forthwith, if not required in any other case.
Law Points
- Dying declaration
- Corroboration
- Inconsistency
- Section 302 IPC
- Section 32 Indian Evidence Act
Case Details
2016 LawText (BOM) (06) 132
Criminal Appeal No.402 of 2014
B.R. Gavai, V.M. Deshpande
Mr. S.M. Puranik (appointed) for the appellant, Mr. M.J. Khan, Additional Public Prosecutor for the respondent
Sukhchand Shambhuji Bhalavi
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC.
Remedy Sought
Appellant sought acquittal from the conviction and life sentence imposed by the trial court.
Filing Reason
Appellant was convicted for the murder of his wife based on dying declarations which he challenged as unreliable.
Previous Decisions
The trial court convicted the appellant under Section 302 IPC and sentenced him to life imprisonment.
Issues
Whether the dying declarations are reliable and consistent.
Whether the conviction can be sustained on the basis of contradictory dying declarations without corroboration.
Submissions/Arguments
Appellant argued that the dying declarations were contradictory and unreliable.
Prosecution argued that the dying declarations were consistent and sufficient for conviction.
Ratio Decidendi
When dying declarations are contradictory and inconsistent, and not corroborated by other evidence, they cannot be the sole basis for conviction. The court must scrutinize such declarations with care and if they are unreliable, the accused is entitled to acquittal.
Judgment Excerpts
Being aggrieved by judgment and order of conviction passed by the learned Additional Sessions Judge6, Nagpur in Session Trial No.220 of 2009, by which the learned Judge of the Court below convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code...
The facts, in nutshell, which give rise to the present appeal are as under: Deceased Kalpana was married with the appellant...
Suman Gedam (PW 6) is the mother of Kalpana... Kalpana disclosed to her mother Suman (PW 6) that her husband, the appellant, poured kerosene from behind and set her ablaze...
On 28th of December, 2008, Deorao Bhokare (PW 7), Head Constable, was a Day Officer... Police Inspector informed him that a lady with burnt injuries is admitted in Mayo Hospital and her statement is to be recorded.
Procedural History
The appellant was convicted by the Additional Sessions Judge, Nagpur in Session Trial No.220 of 2009 for the offence under Section 302 IPC and sentenced to life imprisonment. Aggrieved, the appellant filed Criminal Appeal No.402 of 2014 before the Bombay High Court, Nagpur Bench, which heard the appeal and delivered the judgment on 17th June 2016.
Acts & Sections
- Indian Penal Code, 1860: 302
- Indian Evidence Act, 1872: 32
