Case Note & Summary
The appellant, Vitthal Lahuji Chaudhari, was convicted by the Additional Sessions Judge, Chandrapur for the murder of his wife Sadhana under Section 302 of the Indian Penal Code, 1860 and sentenced to life imprisonment. The prosecution case was that on 15 July 2013, Sadhana sustained burn injuries and later died on 29 July 2013. The sole basis of conviction was a dying declaration recorded by an Executive Magistrate (Naib Tahsildar) on 17 July 2013, wherein Sadhana allegedly stated that her husband had poured kerosene on her and set her on fire. The appellant challenged the conviction on the ground that the dying declaration was unreliable and that the prosecution had failed to prove its case beyond reasonable doubt. The High Court analyzed the evidence and found that the dying declaration was recorded when the deceased was on a ventilator and the doctor had not certified her fitness to give a statement. The Executive Magistrate admitted that he did not obtain a fitness certificate from the doctor. Moreover, the dying declaration contained improvements and inconsistencies. The court also noted that the medical evidence did not conclusively prove that the burns were homicidal. The prosecution failed to establish motive or the presence of the appellant at the scene. The court held that the dying declaration was not reliable and could not form the sole basis for conviction. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Evidence Law - Dying Declaration - Reliability - Section 32(1) of the Indian Evidence Act, 1872 - The court examined the evidentiary value of a dying declaration recorded by an Executive Magistrate when the deceased was on a ventilator and not certified fit to give a statement. The court held that the dying declaration was unreliable as the doctor did not certify the deceased's fitness to make the statement, and the circumstances surrounding its recording raised suspicion. Consequently, the conviction based solely on such a dying declaration was unsustainable. (Paras 10-25) B) Criminal Law - Murder - Circumstantial Evidence - Section 302 of the Indian Penal Code, 1860 - The court considered whether the prosecution had established the chain of circumstances leading to the guilt of the accused. The court found that the prosecution failed to prove the motive and the presence of the accused at the scene of occurrence. The medical evidence did not support the prosecution's theory of homicidal death. The court held that the accused was entitled to the benefit of doubt. (Paras 26-30)
Issue of Consideration
Whether the dying declaration recorded by the Executive Magistrate is reliable and can form the sole basis for conviction under Section 302 of the Indian Penal Code, 1860.
Final Decision
The appeal is allowed. The judgment and order of conviction dated 16/12/2015 passed by the Additional Sessions Judge, Chandrapur in Sessions Case No.152 of 2013 is set aside. The appellant is acquitted of the offence punishable under Section 302 of the Indian Penal Code, 1860. The appellant shall be set at liberty forthwith, if not required in any other case.
Law Points
- Dying declaration must be reliable and free from suspicion
- Dying declaration recorded without certification of fitness 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
