Case Note & Summary
The appellant, Smt. Nirmala w/o Vinayakrao Sonare, was convicted by the Additional Sessions Judge, Amravati for the murder of her daughter-in-law, Pranita Moreshwar Sonare, under Section 302 of the Indian Penal Code, 1860, and sentenced to life imprisonment. The prosecution case was that on 18th October 2012, Pranita sustained burn injuries and was admitted to hospital. She made two dying declarations: one to ASI Sangale (PW4) and another to the Executive Magistrate. In the first declaration, she stated that her mother-in-law (appellant) poured kerosene on her and set her on fire. In the second declaration, she stated that she caught fire accidentally while cooking and that her mother-in-law was not present. The trial court relied on the first dying declaration and convicted the appellant. On appeal, the High Court examined the evidence, including the testimony of the doctor who stated that the deceased had 100% burns and was not in a fit condition to give a statement. The court found material inconsistencies between the two dying declarations and noted that the medical evidence contradicted the prosecution version. The court held that the dying declarations were unreliable and not corroborated. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Dying Declaration - Reliability - Inconsistency - Section 302 IPC, Section 32 Indian Evidence Act, 1872 - The case involved conviction of appellant for murder of her daughter-in-law based on two dying declarations. The court found material inconsistencies between the two declarations regarding the manner of incident and presence of appellant. Held that when dying declarations are inconsistent and not corroborated by medical evidence, conviction cannot be sustained. (Paras 1-20) B) Evidence Law - Dying Declaration - Corroboration - Section 32 Indian Evidence Act, 1872 - The court held that a dying declaration can be sole basis of conviction if it is reliable and consistent. However, in this case, the two dying declarations contradicted each other on crucial aspects, and the medical evidence did not support the prosecution version. Held that benefit of doubt must be given to the accused. (Paras 15-20)
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, 1860.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Dying declaration
- Corroboration
- Inconsistency
- Section 302 IPC
- Section 32 Indian Evidence Act
- 1872
