Case Note & Summary
The appellant, Bhaskar Rao, was convicted by the IV Additional District and Sessions Judge, Madhugiri, for the murder of his wife Bhagyamma under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 08.03.2011, the appellant quarreled with the deceased over money matters, poured kerosene on her, and set her on fire, causing her death. The father of the deceased lodged a complaint, and the police registered a case. The trial court relied on the dying declaration and testimony of witnesses to convict the appellant. In appeal, the High Court of Karnataka examined the evidence and found that the dying declaration was not reliable as it was not corroborated by medical evidence and there were inconsistencies in the statements of witnesses. The court noted that the prosecution failed to establish the chain of circumstances conclusively pointing to the guilt of the appellant. The court held that the benefit of doubt must be given to the appellant and set aside the conviction and sentence, acquitting him of the charge under Section 302 IPC.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Circumstantial Evidence - The appellant was convicted for murder of his wife by pouring kerosene and setting her on fire. The High Court held that the prosecution failed to prove the chain of circumstances beyond reasonable doubt, as the evidence of witnesses was inconsistent and the dying declaration was not reliable. The court acquitted the appellant giving benefit of doubt. (Paras 1-10) B) Evidence Law - Dying Declaration - Reliability - The dying declaration recorded by the police was not corroborated by medical evidence and there were contradictions in the testimony of witnesses. The court held that such a dying declaration cannot be the sole basis for conviction. (Paras 5-8)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of offence under Section 302 IPC.
Law Points
- Circumstantial evidence must be complete and consistent with guilt
- Benefit of doubt in case of inconsistent evidence
- Section 302 IPC requires proof of intention to cause death
