Case Note & Summary
The appellant, Hiralal Shalikram Shendre, was convicted by the 3rd Additional Sessions Judge, Nagpur in Sessions Trial 481/1998 for the offence punishable under Section 304 Part II of the Indian Penal Code, 1860 and sentenced to seven years rigorous imprisonment and a fine of Rs.5000/-. The prosecution case was that on 25.12.1996, the appellant, under the influence of liquor, set his wife Sheela on fire after an altercation over cooking Khichdi and Omelet. Sheela succumbed to her injuries in the hospital. The prosecution relied on oral dying declarations made by the deceased to three neighbours (P.W.1, P.W.3, and P.W.6) who were the first to reach the spot. However, all three witnesses turned hostile and did not support the prosecution case. The appellant pleaded not guilty and claimed total denial. The High Court, after hearing arguments, found that the conviction was based solely on the testimony of hostile witnesses and lacked corroboration. The court held that the prosecution failed to prove its case beyond reasonable doubt and accordingly allowed the appeal, setting aside the conviction and acquitting the appellant.
Headnote
A) Criminal Law - Culpable Homicide not amounting to Murder - Section 304 Part II IPC - Dying Declaration - Conviction based on alleged oral dying declarations made to neighbours who turned hostile - Held that in the absence of corroboration and reliable evidence, conviction cannot be sustained (Paras 1-5).
Issue of Consideration
Whether the conviction of the appellant under Section 304 Part II of the Indian Penal Code, 1860 is sustainable based on the evidence of hostile witnesses and alleged dying declarations.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Section 304 Part II IPC
- Dying Declaration
- Hostile Witness
- Corroboration
- Circumstantial Evidence
Case Details
2017 LawText (BOM) (09) 180
Criminal Appeal No.27 of 2002
Shri H.G. Katekar (for Appellant), Shri N.B. Jawade (APP for Respondent/State)
Hiralal Shalikram Shendre
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Nature of Litigation
Criminal appeal against conviction for culpable homicide not amounting to murder.
Remedy Sought
Appellant sought acquittal from conviction under Section 304 Part II IPC.
Filing Reason
Appellant was convicted for setting his wife on fire, leading to her death.
Previous Decisions
Trial court convicted appellant on 15.10.2001 in Sessions Trial 481/1998.
Issues
Whether the conviction under Section 304 Part II IPC is sustainable when the key witnesses turned hostile.
Whether the dying declarations made to neighbours are reliable without corroboration.
Submissions/Arguments
Appellant argued that the prosecution witnesses turned hostile and did not support the case.
State argued that the dying declarations were credible and sufficient for conviction.
Ratio Decidendi
Conviction cannot be based solely on the testimony of hostile witnesses who do not support the prosecution case; dying declarations require corroboration when witnesses turn hostile.
Judgment Excerpts
The appellant assails the judgment dated 15.10.2001 delivered by the 3rd Additional Sessions Judge, Nagpur in Sessions Trial 481/1998, by and under which, appellant is convicted of offence punishable under section 304 PartII of I.P.C.
P.W.1, P.W.3 and P.W.6 have not supported the prosecution and the case of the prosecution is that the deceased disclosed to them that she was set on fire by the accused.
Procedural History
The appellant was convicted on 15.10.2001 by the 3rd Additional Sessions Judge, Nagpur in Sessions Trial 481/1998. He appealed to the High Court on 27.02.2002. The High Court reserved judgment on 06.09.2017 and pronounced on 20.09.2017.
Acts & Sections
- Indian Penal Code, 1860: 304 Part II, 307, 302
- Code of Criminal Procedure, 1973: 313
