Case Note & Summary
The appellant, Sau. Asha Wankhade, was convicted by the Sessions Judge, Amravati, for the murder of her husband Indrajit Wankhade under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The prosecution case was that on the night of the incident, the deceased went to fetch the appellant from her mother's house. When he compelled her to return, she poured kerosene on him and set him on fire. The deceased sustained burn injuries and was taken to the hospital where he gave a dying declaration implicating the appellant. The appellant challenged the conviction before the Bombay High Court. The High Court examined the evidence, particularly the two dying declarations made by the deceased. The first dying declaration recorded by the police stated that the appellant poured kerosene and set him on fire. However, the second dying declaration recorded by the Executive Magistrate did not mention the appellant's presence or any role. The court found material inconsistencies between the two declarations regarding the time of incident and the involvement of the appellant. The court also noted that there was no other corroborating evidence to support the prosecution's case. The court held that the dying declarations were not reliable and the prosecution failed to prove the guilt beyond reasonable doubt. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - Conviction based on dying declarations - The appellant was convicted for murder of her husband based on two dying declarations. The court found material inconsistencies between the two dying declarations regarding the manner of incident and the presence of the appellant. The dying declarations were not corroborated by other evidence. Held that conviction cannot be sustained on such inconsistent dying declarations and the appellant is entitled to acquittal. (Paras 1-10) B) Evidence Law - Dying Declaration - Reliability - Indian Evidence Act, 1872, Section 32(1) - Inconsistencies in dying declarations - The court examined the two dying declarations and found contradictions regarding the time of incident and the role of the appellant. The first dying declaration stated that the appellant poured kerosene and set the deceased on fire, while the second dying declaration did not mention the appellant's presence. Held that such inconsistencies render the dying declarations unreliable. (Paras 5-8)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code based on dying declarations is sustainable when there are material inconsistencies in the dying declarations and lack of corroboration.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of the offence under Section 302 IPC.
Law Points
- Dying declaration must be consistent and reliable
- conviction cannot be based solely on dying declaration if there are contradictions
- benefit of doubt must be given to accused in case of inconsistencies
