Case Note & Summary
The appellants, Sk. Rais Sk. Khalil and Sk. Sadiq Sk. Khalil, were convicted by the Additional Sessions Judge, Buldana for the murder of Marjina by pouring kerosene and setting her on fire, under Section 302 read with Section 34 of the Indian Penal Code, and sentenced to life imprisonment. The prosecution's case was based on a dying declaration recorded by Naib Tahsildar Shri Wagh at the hospital. The deceased had a love affair with accused No.2 and was married to Sk. Aziz. She came to her parents' house two months before the incident. The accused allegedly caught her, poured kerosene, and set her on fire. She died on 17.04.2011 due to 91% burns. The trial court convicted the accused based on the dying declaration. On appeal, the High Court examined the dying declaration and found it unreliable because the Naib Tahsildar did not obtain a certificate from the medical officer that the deceased was in a fit state of mind to make the declaration. The court noted that the deceased was under the influence of sedatives and the declaration was recorded without proper certification. The court also observed that the prosecution did not examine any independent witnesses to corroborate the dying declaration. The High Court held that the dying declaration was suspicious and could not be the sole basis for conviction. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellants, giving them the benefit of doubt.
Headnote
A) Evidence Law - Dying Declaration - Reliability - Dying declaration recorded by Naib Tahsildar without obtaining certificate of fitness from medical officer is not reliable - The deceased was under influence of sedatives and not in a fit state of mind to make a declaration - Held that such dying declaration cannot be the sole basis for conviction (Paras 6-10). B) Criminal Law - Murder - Circumstantial Evidence - Lack of Corroboration - Prosecution failed to examine independent witnesses and relied solely on dying declaration - No other evidence to connect accused with crime - Held that accused are entitled to benefit of doubt (Paras 11-12).
Issue of Consideration
Whether the dying declaration of the deceased is reliable and can form the sole basis for conviction of the appellants under Section 302 read with Section 34 of the Indian Penal Code.
Final Decision
The appeal is allowed. The judgment and order dated 28th February, 2013 passed by the Additional Sessions Judge, Buldana in Sessions Trial No. 12 of 2012 is set aside. The appellants are acquitted of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. Their bail bonds stand cancelled.
Law Points
- Dying declaration must be reliable and free from suspicion
- Dying declaration recorded without medical fitness certificate is inadmissible
- Conviction cannot be based solely on a suspicious dying declaration
- Benefit of doubt must be given to accused when prosecution fails to prove guilt beyond reasonable doubt
