Case Note & Summary
The appellant, Sou. Shantabai w/o Supada Bochare, was convicted by the 1st Ad hoc Additional Sessions Judge, Khamgaon in Sessions Case No. 74/1997 for offences punishable under Sections 498A and 306 of the Indian Penal Code, 1860. She was sentenced to rigorous imprisonment for three months and a fine of Rs.5000 for each offence, with the sentences to run concurrently. The appellant appealed against this judgment and order dated 08.01.2002. The case arose from the death of the appellant's daughter-in-law due to burn injuries. The prosecution's case was based entirely on a dying declaration (Exh.30) recorded by an Executive Magistrate. However, all four material witnesses examined by the prosecution turned hostile. The deceased's 13-year-old son (P.W.1) stated that his mother's sari caught fire accidentally while she was preparing tea. The deceased's brother (P.W.2) testified that the deceased had no grievance against the appellant and told him the burns were accidental. Neighbours (P.W.3 and P.W.4) stated that the relationship between the deceased and the appellant was cordial and that they saw the deceased running while burning and helped douse the fire. The learned Additional Public Prosecutor fairly conceded that the prosecution case hinged solely on the dying declaration. The court noted that the dying declaration did not contain a certification from a doctor that the deceased was in a fit state of mind to make the statement. In the absence of such certification and corroboration, the dying declaration was unreliable. The court held that when all witnesses turn hostile and the dying declaration is not trustworthy, the prosecution case fails. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant of all charges.
Headnote
A) Criminal Law - Dying Declaration - Evidentiary Value - Sections 498A and 306 Indian Penal Code, 1860 - The prosecution case hinged solely on the dying declaration Exh.30, as all four material witnesses turned hostile and did not support the prosecution. The dying declaration was recorded by an Executive Magistrate but did not contain a certification from a doctor that the deceased was in a fit state of mind to make the statement. The court held that in the absence of such certification and corroboration, the dying declaration cannot be the sole basis for conviction. (Paras 3-5) B) Criminal Law - Hostile Witnesses - Effect on Prosecution Case - Sections 498A and 306 Indian Penal Code, 1860 - The son of the deceased (P.W.1), brother (P.W.2), and neighbours (P.W.3 and P.W.4) all turned hostile and stated that the deceased's burns were accidental while preparing tea. The court held that when all witnesses turn hostile and the dying declaration is unreliable, the prosecution case fails. (Paras 3-4) C) Criminal Law - Abetment of Suicide - Ingredients - Section 306 Indian Penal Code, 1860 - To convict under Section 306, there must be proof of abetment as defined under Section 107 IPC. In the absence of any evidence of instigation or intentional aid, and with witnesses stating the relationship was cordial, the conviction under Section 306 cannot be sustained. (Paras 4-5)
Issue of Consideration
Whether the conviction of the appellant under Sections 498A and 306 IPC can be sustained solely on the basis of a dying declaration when all material witnesses have turned hostile and the dying declaration lacks certification of the deceased's consciousness.
Final Decision
The appeal is allowed. The judgment and order dated 08.01.2002 passed by the 1st Ad hoc Additional Sessions Judge, Khamgaon in Sessions Case No.74/1997 is set aside. The appellant is acquitted of the offences punishable under Sections 498A and 306 of the Indian Penal Code. The bail bonds stand cancelled.
Law Points
- Dying declaration must be corroborated when witnesses turn hostile
- Dying declaration recorded without certification of consciousness is unreliable
- Conviction under Section 306 IPC requires proof of abetment
- Hostile witnesses cannot be the sole basis for conviction
