Case Note & Summary
The appellant, Sheshrao Gadade, was convicted by the Additional Sessions Judge, Ambajogai, for the murder of his wife Kamalabai under Section 302 IPC and sentenced to life imprisonment. The marriage had taken place about ten years prior to the incident, and the couple had a daughter aged about 5-6 years. For about four years before the incident, the appellant had become addicted to liquor and used to sell household articles and food grains to buy liquor, leading to frequent quarrels with the deceased. On 4 July 2002, at around 7:00 p.m., the appellant returned home and picked a quarrel with the deceased because dinner was not prepared. He then assaulted her, poured kerosene on her, and set her on fire inside the house. The deceased shouted, and neighbours rushed to extinguish the fire, but the appellant fled. The deceased was taken to Government Hospital, Ambajogai, where her dying declaration was recorded by an Executive Magistrate on 5 July 2002 at about 10:30 a.m. after the doctor certified that she was conscious and fit to make the statement. In the dying declaration, she stated that her husband had poured kerosene and set her on fire. The trial court relied on this dying declaration and convicted the appellant. The appellant challenged the conviction on the grounds that the dying declaration was not recorded in question-answer form, that there were contradictions regarding the time of the incident, and that the prosecution failed to examine independent witnesses. The High Court held that the dying declaration was credible, voluntary, and consistent, and that it did not need to be in question-answer form. The court also noted that the medical evidence corroborated the dying declaration, as the burns were consistent with kerosene fire. The absence of independent witnesses was not fatal because the dying declaration itself was sufficient to prove guilt. The court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 IPC, Section 32(1) Indian Evidence Act, 1872 - Credibility of dying declaration - Deceased wife stated in dying declaration that her husband poured kerosene and set her on fire - Declaration recorded by Executive Magistrate after certification of fitness by doctor - Held that dying declaration is credible and can be sole basis of conviction as it is consistent, voluntary, and corroborated by medical evidence and circumstances (Paras 1-10). B) Criminal Law - Dying Declaration - Recording Procedure - Section 32(1) Indian Evidence Act, 1872 - Dying declaration need not be in question-answer form - It is sufficient if the declarant's statement is recorded in narrative form and the Magistrate certifies that it was read over and admitted as correct - Held that the dying declaration in narrative form is valid and admissible (Paras 5-7). C) Criminal Law - Murder - Circumstantial Evidence - Section 302 IPC - Absence of independent witnesses - Conviction can be based on dying declaration even if no independent witness to the incident - Neighbours who extinguished fire did not see the actual act - Held that the dying declaration alone is sufficient to prove guilt (Paras 8-10).
Issue of Consideration
Whether the dying declaration of the deceased is credible and sufficient to sustain the conviction under Section 302 IPC, and whether the appellant is entitled to acquittal or alteration of conviction.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC imposed by the trial court are upheld.
Law Points
- Dying declaration can be sole basis of conviction if credible
- Dying declaration need not be recorded in question-answer form
- Section 32(1) of Indian Evidence Act
- 1872
- Section 302 IPC
- Section 304B IPC
- Section 498A IPC
