Case Note & Summary
The appellant, Meenabai Lobaji Gaikwad, was convicted by the Sessions Court, Pune for the murder of her daughter-in-law, Savitra Vijay Gaikwad, under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 17 April 2013, the appellant poured kerosene on the deceased and set her ablaze due to a dispute over money for releasing mortgaged gold ornaments. The deceased sustained 100% burn injuries and died. The conviction was based primarily on two dying declarations: one recorded by a Special Executive Magistrate (Exh. 28) where the deceased stated that the appellant poured kerosene and set her on fire, and another recorded by a police officer (Exh. 29) where the deceased stated that she caught fire accidentally while cooking. The trial court relied on the first declaration and convicted the appellant. On appeal, the High Court examined the dying declarations and found them to be contradictory. The court noted that the second declaration was recorded shortly after the first and there was no explanation for the inconsistency. The medical evidence showed that the deceased had 100% burns and was in a critical condition, raising doubts about her capacity to make coherent statements. The court also noted that there were no independent witnesses to the incident. The High Court held that in the absence of corroboration, it was unsafe to convict the appellant solely on the basis of inconsistent dying declarations. The court allowed the appeal, set aside the conviction and sentence, and directed the appellant's release unless required in any other case.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 IPC, Section 32 Indian Evidence Act, 1872 - Conviction based on dying declarations - Inconsistency between two dying declarations - One declaration exonerated the appellant, the other implicated her - No corroboration by medical evidence or independent witnesses - Held that conviction cannot be sustained on such inconsistent dying declarations without corroboration (Paras 1-30).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on dying declarations is sustainable when the dying declarations are inconsistent and lack corroboration.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant directed to be released forthwith unless required in any other case.
Law Points
- Dying declaration
- Corroboration
- Section 302 IPC
- Section 32 Indian Evidence Act
- 1872
- Inconsistency
- Benefit of doubt
