Case Note & Summary
The State of Maharashtra appealed against the acquittal of the respondent-accused Harbhajan @ Hargovind s/o Nagorao Kambli in Sessions Trial No.166/2010 for the offence punishable under Section 302 IPC. The prosecution case was that on 02.07.2010 at about 4:00 p.m., the deceased Vikas Tryambakrao Deshmukh was sitting near a laundry shop and asked the accused where he was going. The accused took offense and stabbed the deceased multiple times with a knife on his face, arms, abdomen, and neck. The deceased was admitted to Irwin Hospital, and his statement was recorded by Head Constable Vijay Sawarkar as a dying declaration (Exh.52) after the medical officer certified him fit. The trial court acquitted the accused, finding the dying declaration unreliable because the deceased was initially declared unfit to give a statement, and the prosecution did not examine independent witnesses who were present at the scene. The High Court upheld the acquittal, holding that the dying declaration lacked corroboration and the trial court's findings were not perverse. The court emphasized that in an appeal against acquittal, the appellate court should not interfere unless the findings are unreasonable. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 IPC - Reliability - The dying declaration was recorded by a Head Constable after the deceased was initially declared unfit to give a statement, and the medical officer certified fitness only later. The court held that the dying declaration was not reliable as it lacked corroboration from independent witnesses and the circumstances surrounding its recording raised doubts. (Paras 1-6) B) Evidence Law - Dying Declaration - Corroboration - Section 32 Indian Evidence Act, 1872 - The court held that a dying declaration, though admissible, must be scrutinized carefully and if there are any doubts, it must be corroborated by other evidence. In this case, the prosecution failed to examine independent witnesses who were present at the scene, and the dying declaration was not corroborated. (Paras 2-6) C) Criminal Procedure - Appeal Against Acquittal - Section 378 CrPC - The court held that in an appeal against acquittal, the appellate court should not interfere unless the findings of the trial court are perverse or unreasonable. The trial court's acquittal was based on proper appreciation of evidence and hence upheld. (Para 1)
Issue of Consideration
Whether the dying declaration recorded by a Head Constable without proper medical certification and without corroboration is sufficient to convict the accused for murder under Section 302 IPC.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the accused.
Law Points
- Dying declaration must be recorded after certification of fitness by medical officer
- Dying declaration must be corroborated by other evidence if there are doubts about its reliability
- Acquittal can be upheld if prosecution fails to prove guilt beyond reasonable doubt
