Case Note & Summary
The appellant, Suresh Deshmukh, was convicted under Section 302 of the Indian Penal Code for the murder of Sonu, a relative, and sentenced to life imprisonment by the Additional Sessions Judge, Akola. The prosecution case was that on 5 August 2012, the deceased went to the appellant's house to recover a debt. The deceased's wife, Maya, sent their daughter Chhakuli to check on him, who returned saying her father was lying in a pool of blood. Maya rushed to the spot and found her husband with injuries. On her inquiry, the deceased told her that the appellant had beaten him with a stone. She took him to the hospital, where he was declared brought dead. The trial court relied on the oral dying declaration of the deceased to his wife, corroborated by medical evidence, to convict the appellant. The appellant challenged the conviction, arguing that the dying declaration was unreliable. The High Court examined the evidence and found that the dying declaration was made voluntarily, was consistent, and was corroborated by the medical evidence showing injuries consistent with a blunt object. The court held that the dying declaration was credible and sufficient to sustain the conviction. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 IPC, Section 32(1) Indian Evidence Act, 1872 - The deceased made an oral dying declaration to his wife naming the appellant as the assailant and stating that he was beaten with a stone - The court held that the dying declaration was credible, consistent, and corroborated by medical evidence showing injuries caused by a blunt object - Conviction upheld (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code based on the oral dying declaration of the deceased is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence awarded by the Additional Sessions Judge, Akola in Sessions Trial No.152 of 2012, dt.13.11.2014 are confirmed.
Law Points
- Dying declaration
- Section 32(1) of Indian Evidence Act
- 1872
- credibility of oral dying declaration
- corroboration by medical evidence
- conviction based on dying declaration alone
