Case Note & Summary
The appellant, Pradip Ramkrushna Shedmake, was convicted by the Sessions Judge, Gadchiroli for the murder of his wife Seema under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The prosecution case was that on 16-2-2014 at about 6:00 a.m., the accused quarreled with his wife, poured kerosene on her, and set her on fire. She was taken to the hospital where her statement was recorded by a police officer (treated as FIR) and later by the Executive Magistrate as a dying declaration. She died on the way to Gadchiroli. The trial court relied on the dying declaration and other evidence to convict the accused. The appellant challenged the conviction on the ground that the dying declaration was not reliable. The High Court examined the evidence and found that the dying declaration was recorded after the doctor certified that the deceased was conscious and fit to make the statement. The court also noted that the FIR was recorded immediately and was consistent with the dying declaration. The court held that the dying declaration was credible and sufficient to sustain the conviction. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - Conviction based on dying declaration - The court examined the credibility of the dying declaration recorded by the Executive Magistrate and found it to be voluntary, truthful, and consistent with the FIR and medical evidence - Held that the dying declaration alone is sufficient to base conviction if it inspires confidence (Paras 2-10).
Issue of Consideration
Whether the dying declaration of the deceased is credible and sufficient to sustain the conviction of the appellant under Section 302 of the Indian Penal Code.
Final Decision
Appeal dismissed; conviction and sentence under Section 302 IPC upheld.
Law Points
- Dying declaration
- Section 302 IPC
- Murder by burning
- Credibility of dying declaration
- Corroboration of dying declaration
