Case Note & Summary
The appellant, Rajendra Ramdas Kolhe, was convicted under Section 302 read with Section 34 IPC for the murder of his wife Rekha, a police constable. The incident occurred on 22.07.2002 when the appellant, on leave from the army, along with his minor brother Suresh, allegedly tied Rekha's hands and legs, poured kerosene on her, and set her on fire. Rekha sustained severe burn injuries and died on 24.07.2002. The prosecution relied on two dying declarations: one recorded by Assistant Sub Inspector Dake (Ex. 59) and another by a Special Executive Magistrate (Ex. 65), though the latter was not proved. Additionally, oral dying declarations were made to several witnesses (PW-2, PW-3, PW-4, PW-7, PW-8). The trial court convicted the appellant, acquitting the other in-laws, and the High Court affirmed the conviction. The Supreme Court considered the arguments regarding contradictions in the dying declaration, particularly the time of recording, but found that minor discrepancies did not undermine the credibility of the declaration. The Court noted that the dying declaration Ex. 59 was consistent with the oral dying declarations and other evidence. The appellant's contention that he tried to save the deceased was not sufficient to rebut the prosecution case. The Supreme Court dismissed the appeal, upholding the conviction and sentence of life imprisonment.
Headnote
A) Criminal Law - Murder - Dying Declaration - Credibility - Minor discrepancies in dying declaration regarding time of recording do not render it unreliable if the core version is consistent and corroborated by oral dying declarations and other evidence - Held that the dying declaration Ex. 59 was credible and the conviction was upheld (Paras 10-12). B) Criminal Law - Murder - Dying Declaration - Oral Dying Declarations - Oral dying declarations made to multiple witnesses (PW-2, PW-3, PW-4, PW-7, PW-8) corroborating the written dying declaration - Held that such corroboration strengthens the prosecution case (Paras 10-11). C) Criminal Law - Murder - Section 302 IPC - Homicide vs. Suicide - The trial court and High Court correctly held that the death was homicidal based on dying declarations and medical evidence - Held that the prosecution proved the case beyond reasonable doubt (Paras 3.5, 4).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on dying declarations is sustainable in light of alleged contradictions and discrepancies in the prosecution evidence.
Final Decision
Appeal dismissed; conviction and sentence of life imprisonment under Section 302 IPC upheld.
Law Points
- Dying declaration
- credibility
- minor discrepancies
- Section 302 IPC
- Section 34 IPC
- Section 313 CrPC
- Section 161 CrPC
- oral dying declaration
- written dying declaration
