Case Note & Summary
The appellant, Saderaj Baba Nagraj Baba Kapate @ Anupam Padmakar Bodade, was convicted by the Additional Sessions Judge, Amravati for the murder of his live-in partner, Nirmala, under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The incident occurred on 10th November 2012 at about 6.00 p.m. in the appellant's house at Riddhapur, where Nirmala suffered burn injuries. The FIR was registered based on a dying declaration recorded by Police Head Constable Baburao Ghom, and another dying declaration was recorded by an Executive Magistrate. The prosecution relied on these two dying declarations to prove the case. The appellant challenged the conviction on the ground that the dying declarations were unreliable and inconsistent. The High Court examined the evidence and found that the first dying declaration recorded by the police officer was not signed by the deceased and the second dying declaration recorded by the Executive Magistrate was not proved as the magistrate was not examined. The court also noted inconsistencies between the two declarations and with the medical evidence. The court held that the dying declarations were not reliable and the prosecution failed to prove the case beyond reasonable doubt. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - Reliability and Corroboration - The appellant was convicted for murder of his live-in partner based on two dying declarations. The court found that the dying declarations were inconsistent with each other and with medical evidence. The first dying declaration recorded by the police officer was not signed by the deceased and the second recorded by the Executive Magistrate was not proved as the magistrate was not examined. The court held that the dying declarations were not reliable and the prosecution failed to prove the case beyond reasonable doubt. The appeal was allowed and the conviction was set aside. (Paras 1-20) B) Evidence Law - Dying Declaration - Recording and Proof - Section 32 Indian Evidence Act, 1872 - The court observed that the dying declaration recorded by the Executive Magistrate was not proved as the magistrate was not examined. The declaration recorded by the police officer was not signed by the deceased. The court held that the dying declarations were not reliable and could not form the basis of conviction. (Paras 10-15) C) Criminal Law - Benefit of Doubt - Acquittal - The court found that the prosecution failed to prove the case beyond reasonable doubt. The dying declarations were inconsistent and not corroborated by other evidence. The court extended the benefit of doubt to the appellant and acquitted him. (Paras 16-20)
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.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Dying declaration must be reliable and consistent
- Corroboration of dying declaration not mandatory but necessary when inconsistencies exist
- Burden of proof on prosecution to prove guilt beyond reasonable doubt
- Benefit of doubt to accused
