Case Note & Summary
The State of Gujarat appealed against the acquittal of Jagdish @ Jago Narsinhbhai Shrimali for the murder of Sarlaben. The deceased and accused were in a relationship and living together. On 10.02.1997, an altercation led to the accused sprinkling kerosene on the deceased and setting her on fire. The deceased was taken to the hospital where she made dying declarations. The trial court acquitted the accused, finding inconsistencies in the dying declarations. The High Court upheld the acquittal, noting that the dying declarations were contradictory and not corroborated by medical evidence. The court held that the prosecution failed to prove guilt beyond reasonable doubt.
Headnote
A) Criminal Law - Murder - Dying Declaration - Reliability - Sections 302, 307 Indian Penal Code, 1860 - The court examined whether the dying declarations recorded by the Executive Magistrate and the police were consistent and reliable. The court found contradictions between the two dying declarations and lack of corroboration from medical evidence. Held that the prosecution failed to prove the case beyond reasonable doubt, and the acquittal was upheld (Paras 1-12).
Issue of Consideration
Whether the dying declarations made by the deceased are reliable and sufficient to convict the accused for murder under Section 302 IPC
Final Decision
The appeal is dismissed and the acquittal of the accused is upheld.
Law Points
- Dying declaration must be consistent and reliable
- conviction can be based on dying declaration if it inspires confidence
- but if there are contradictions and lack of corroboration
- benefit of doubt goes to accused
