Case Note & Summary
The State of Maharashtra appealed against the acquittal of Durgabai Shaligram Mokalkar for the murder of her husband under Section 302 IPC. The prosecution case was based on a written dying declaration (Exhibit 32) and oral dying declarations made by the deceased to witnesses. The trial court acquitted the accused, finding the dying declarations unreliable. The High Court, after hearing arguments, upheld the acquittal. The court noted that the deceased had suffered 100% burns and there was no certification by a doctor that he was in a fit state of mind to make the declaration. The oral dying declarations were inconsistent with the medical evidence. The court held that the prosecution failed to prove its case beyond reasonable doubt, and the appeal was dismissed.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - The prosecution relied on a written dying declaration (Exhibit 32) and oral dying declarations to prove the charge of murder. The trial court acquitted the accused, finding the dying declarations unreliable as the deceased was not in a fit state of mind to make the declaration and the oral declarations were inconsistent with medical evidence. The High Court upheld the acquittal, holding that the prosecution failed to prove the case beyond reasonable doubt. (Paras 1-4)
B) Evidence Law - Dying Declaration - Fit State of Mind - Section 32 Indian Evidence Act, 1872 - For a dying declaration to be admissible, it must be made when the deceased was in a fit state of mind. In this case, the doctor's certification of fitness was not obtained, and the deceased had suffered 100% burns, raising doubts about his mental capacity. The court held that the dying declaration cannot be the sole basis for conviction without corroboration. (Paras 3-4)
Issue of Consideration
Whether the acquittal of the respondent for the offence punishable under Section 302 of the Indian Penal Code is sustainable in law, particularly in light of the dying declarations (Exhibit 32 and oral) relied upon by the prosecution.
Final Decision
Appeal dismissed; acquittal of respondent upheld.
Law Points
- Dying declaration
- Section 302 IPC
- Acquittal appeal
- Appreciation of evidence
- Fit state of mind
- Corroboration
Case Details
2017 LawText (BOM) (09) 188
Criminal Appeal No.236 of 2007
R.K. Deshpande, V.M. Deshpande
Shri V.A. Thakare (Addl.P.P. for appellant), Shri S.G. Joshi (Counsel appointed for respondent)
State of Maharashtra, through Police Station Officer, Hiwarkhed
Durgabai Shaligram Mokalkar
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Nature of Litigation
Criminal appeal against acquittal for murder
Remedy Sought
State seeks setting aside of acquittal and conviction of respondent for murder
Filing Reason
State aggrieved by acquittal of respondent for offence under Section 302 IPC
Previous Decisions
Trial court acquitted respondent in Sessions Trial No.5 of 2006 on 17.2.2007
Issues
Whether the dying declarations (Exhibit 32 and oral) are reliable and sufficient to convict the accused
Whether the trial court's acquittal is perverse and requires interference
Submissions/Arguments
Appellant/State: Trial court failed to evaluate prosecution case based on dying declarations; acquittal should be set aside.
Respondent/Accused: Acquittal is correct; dying declarations are unreliable as deceased was not in fit state of mind and oral declarations inconsistent with medical evidence.
Ratio Decidendi
A dying declaration can be the sole basis for conviction only if it is made when the deceased was in a fit state of mind and is reliable. In this case, the deceased had 100% burns and no doctor certified fitness, making the dying declaration suspicious. Oral dying declarations were inconsistent with medical evidence. Hence, the prosecution failed to prove the case beyond reasonable doubt, and the acquittal was upheld.
Judgment Excerpts
The present appeal is directed against judgment and order of acquittal passed by learned Ad hoc Additional Sessions Judge at Akot (District Akola) dated 17.2.2007 in Sessions Trial No.5 of 2006.
According to learned Additional Public Prosecutor Shri V.A. Thakare for the appellant/State, the order of acquittal is required to be set aside inasmuch, as according to him, learned Judge of the Court below has completely failed to evaluate the prosecution case as it was brought on record in view of dying declaration Exhibit 32 and oral dying declaration made by deceased to other prosecution witnesses.
Procedural History
Trial court (Ad hoc Additional Sessions Judge, Akot) acquitted respondent in Sessions Trial No.5 of 2006 on 17.2.2007. State appealed to High Court via Criminal Appeal No.236 of 2007. High Court heard appeal and dismissed it on 16.9.2017.
Acts & Sections
- Indian Penal Code, 1860: 302
- Indian Evidence Act, 1872: 32
