Case Note & Summary
The appellant, Vilas Nasre, was convicted by the Sessions Judge, Yavatmal for the murder of his wife Vanita under Section 302 IPC and for cruelty under Section 498A IPC, sentenced to life imprisonment and two years respectively. The prosecution case was that the appellant, after a history of ill-treatment, beat his wife, poured kerosene, and set her on fire. The deceased succumbed to burns. The conviction was based primarily on two dying declarations recorded by the Executive Magistrate and a police officer. The High Court found that the two dying declarations were inconsistent: one stated that the appellant was present and poured kerosene, while the other stated that the appellant was not present and the deceased herself poured kerosene. The medical evidence did not support the prosecution version. The court held that the dying declarations were unreliable and lacked corroboration. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted. The court emphasized that when dying declarations are contradictory, the benefit of doubt must go to the accused.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Inconsistent Dying Declarations - Indian Penal Code, 1860, Section 302 - The court examined two dying declarations of the deceased which contradicted each other on material aspects such as the presence of the appellant at the scene and the manner of the incident. Held that when dying declarations are inconsistent and not corroborated by other evidence, conviction cannot be sustained (Paras 10-15). B) Criminal Law - Section 498A IPC - Cruelty - Indian Penal Code, 1860, Section 498A - The conviction under Section 498A was also set aside as the evidence of cruelty was not independently proved beyond reasonable doubt, and the dying declarations were the sole basis for the conviction (Paras 16-18).
Issue of Consideration
Whether the conviction of the appellant under Section 302 and 498A IPC based on dying declarations is sustainable when the dying declarations are inconsistent and lack corroboration.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Dying declaration must be consistent and reliable
- Conviction cannot be based on contradictory dying declarations
- Benefit of doubt when prosecution fails to prove guilt beyond reasonable doubt
