Case Note & Summary
The appellant, Sanjay Dnyanoba Narwade, was convicted by the trial court under Section 302 of the Indian Penal Code for the murder of his wife, Shilabai. The prosecution alleged that on 29 July 2012, following a quarrel over selling agricultural land, the appellant, under the influence of liquor, poured kerosene on Shilabai and set her on fire. She sustained burn injuries and was admitted to the hospital, where her dying declarations were recorded by a Police Head Constable and later by the Tahsildar. Based on these declarations, the appellant was charged and convicted. The appellant appealed to the Bombay High Court, challenging the conviction. The court examined the two dying declarations and found material inconsistencies between them. The first declaration stated that the appellant poured kerosene and set her on fire, while the second declaration mentioned that the appellant had a matchbox and that she caught fire accidentally. Additionally, the medical evidence indicated that the burn injuries were not consistent with the alleged pouring of kerosene. The court also noted that the independent witnesses, including the mother-in-law, did not support the prosecution's case. The court held that the dying declarations were unreliable and lacked corroboration. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Dying Declaration - Reliability - Inconsistencies - The court examined whether the dying declarations recorded by the Police Head Constable and Tahsildar were reliable and consistent. The court found material contradictions between the two dying declarations regarding the manner of incident and presence of witnesses. Held that when there are multiple dying declarations, they must be consistent and corroborated; otherwise, conviction cannot be sustained (Paras 10-15). B) Evidence Act - Dying Declaration - Corroboration - Section 32(1) of Indian Evidence Act, 1872 - The court held that a dying declaration can be the sole basis for conviction if it is truthful and voluntary, but when there are discrepancies, corroboration is essential. In this case, the medical evidence did not support the dying declarations as the burn injuries were inconsistent with the alleged pouring of kerosene. Held that the prosecution failed to prove the case beyond reasonable doubt (Paras 16-20).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 based on dying declarations is sustainable when the dying declarations are inconsistent and lack corroboration.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges.
Law Points
- Dying declaration must be reliable and consistent
- corroboration required when there are multiple dying declarations
- conviction cannot be based solely on uncorroborated dying declaration if there are inconsistencies
