Case Note & Summary
The appellant, Mariba Piraji Chapewad, was convicted under Section 302 IPC for murdering Ganesh Suryawanshi by pouring kerosene on him and setting him on fire. The incident occurred on 22 January 2001 at about 5:30 PM outside a liquor shop in Kalyan Nagar, Nanded. The deceased had consumed liquor and when the accused demanded liquor, the deceased refused due to lack of money. The accused then brought kerosene in a glass, poured it on the deceased, and lit a matchstick, causing 65% burns. Two dying declarations were recorded: one by ASI Shripad Jankar (PW8) at the hospital around 7:00 PM, and another by JMFC Khaja Farukh Hussain (PW4) between 8:10 and 8:30 PM. Both declarations consistently implicated the appellant. The trial court convicted the appellant under Section 302 IPC and sentenced him to life imprisonment, while acquitting him under the SC/ST Act. The appellant appealed against the conviction. The legal issues centered on the credibility and consistency of the dying declarations. The appellant argued that the dying declarations were unreliable due to contradictions and lack of corroboration. The State contended that the declarations were voluntary, consistent, and corroborated by medical evidence. The court analyzed the evidence and found that both dying declarations were recorded after obtaining medical fitness certificates, were read over to the deceased, and signed by him. Minor variations did not affect the core version. The court held that the dying declarations were credible and sufficient to prove the guilt beyond reasonable doubt. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Dying Declaration - Credibility - The court considered whether the dying declarations recorded by the ASI and JMFC were reliable and consistent. Held that both dying declarations were voluntary, consistent, and corroborated by medical evidence, and thus sufficient to sustain conviction for murder (Paras 1-10). B) Evidence Law - Dying Declaration - Section 32 Indian Evidence Act, 1872 - Multiple Dying Declarations - The court examined the evidentiary value of two dying declarations recorded by different authorities. Held that minor variations do not affect credibility when the core version is consistent and the declarant was conscious and fit (Paras 3-8). C) Criminal Law - Motive - Section 302 IPC - Absence of Motive - The court considered the argument that there was no motive for the crime. Held that motive is not essential when direct evidence like dying declaration is available and credible (Para 9).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on dying declarations is sustainable.
Final Decision
Appeal dismissed. Conviction and sentence under Section 302 IPC upheld.
Law Points
- Dying declaration
- Section 302 IPC
- Section 32 Indian Evidence Act
- 1872
- Credibility of dying declaration
- Multiple dying declarations
- Motive
- Circumstantial evidence
