Case Note & Summary
The appeals were filed by two appellants challenging their conviction under Section 302 read with Section 34 of the Indian Penal Code for the murder of Anita Gajanan Wankhede. The incident occurred on June 26, 2017, when the deceased was set ablaze after being doused with kerosene by the appellants following a quarrel. The prosecution's case was based on the dying declarations made by the deceased to several witnesses, including her mother and neighbors, as well as a written declaration recorded by a Special Executive Magistrate. The appellants contended that the prosecution failed to establish a direct link between their actions and the death of the deceased, arguing inconsistencies in medical records and the credibility of the dying declaration. The court analyzed the evidence, emphasizing the consistency of witness testimonies and the circumstances under which the dying declaration was made. It concluded that the dying declaration was credible and sufficient to uphold the conviction, rejecting the appellants' arguments regarding the lack of motive and the condition of the deceased at the time of her statement. The court ultimately upheld the conviction and sentence of life imprisonment for both appellants.
Headnote
A) Criminal Law - Dying Declaration - Credibility of Dying Declaration - Indian Penal Code, 1860, Section 302 - The court found the dying declaration credible as it was made in a fit state of mind and corroborated by multiple witnesses, thus supporting the conviction under Section 302 IPC. Held that the dying declaration can be the sole basis for conviction if found to be true and voluntary (Paras 23-31).
Issue of Consideration
Whether the dying declaration of the deceased was credible and sufficient to uphold the conviction of the appellants.
Final Decision
The court upheld the conviction of both appellants under Section 302 read with Section 34 IPC, affirming the life sentence and fine imposed by the trial court.
Law Points
- Dying declaration
- Section 302 IPC
- Section 34 IPC
- evidentiary value
- common intention
