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IN THE HIGH COURT OF BOMBAY
Vibha Kankanwadi, Abhay S.Waghwase, JJ.
Chandrakant Vishwanath Solas - Appellant
Versus
State of Maharashtra - Respondent
Criminal Appeal No. 334 of 2017
Decided On : 12-09-2023
MURDER - Homicide and Cruelty - Indian Penal Code, 1860 - Sections 302, 498-A - The court discussed the evidentiary value of dying declarations, emphasizing that they can be the sole basis for conviction if they are found to be true, voluntary, and free from suspicion. The court highlighted the necessity for careful scrutiny of such declarations, particularly regarding the mental state of the declarant at the time of recording. The court found inconsistencies and vagueness in the dying declarations presented, leading to the conclusion that the prosecution failed to prove the essential elements of the charges under Sections 302 and 498-A, resulting in the acquittal of the accused.
Fact of the Case:
The appellant was convicted for the murder of his wife, Madhuri, and for cruelty under the Indian Penal Code. Madhuri was admitted to the hospital with severe burns after allegedly being set on fire by the appellant during a quarrel. The prosecution relied on two dying declarations made by Madhuri, which were recorded shortly after the incident.
Finding of the Court:
The court found that the prosecution's case was based on two dying declarations that were inconsistent and vague. The court noted that the evidence did not sufficiently establish the elements of murder or cruelty as defined under the relevant sections of the IPC. The court concluded that the trial judge had failed to appreciate the evidence properly.
Issues: Whether the dying declarations were reliable and sufficient to establish the guilt of the accused under Sections 302 and 498-A of the IPC.
Ratio Decidendi: The court reiterated the principles governing the admissibility and evidentiary value of dying declarations, emphasizing that they must be true, voluntary, and made in a fit mental state. The court found that the dying declarations did not meet these criteria, leading to the conclusion that the prosecution had not proven its case beyond a reasonable doubt.
Final Decision: The appeal was allowed, the conviction under Sections 302 and 498-A of the IPC was quashed, and the appellant was acquitted of all charges.
JUDGMENT/ORDER
VIBHA KANKANWADI, J. - Present appeal has been filed by the appellant challenging his conviction by learned Additional Sessions Judge, Aurangabad on 10/7/2017 in Sessions Case No.32/2015 after holding him guilty of committing offence punishable under Ss. 302, 498-A of the Indian Penal Code, 1860.
2. It is not in dispute that deceased Madhuri got married to the appellant about 04 years prior to 8/11/2014. They were residing at Rahulnagar, Aurangabad. At that time their daughters Nikita was 2 1/2 years old and Janhvi was 5 months old. They were residing with the parents of the appellant and his two brothers.
3. The prosecution has come with a case that Madhuri was admitted to GHATI, Aurangabad on 8/11/2014 and on the same day her statement was recorded by PW 1 ASI Mr. Narayan Butte around 7.15 p.m. She disclosed that the accused was addicted to liquor and used to pick up quarrels and used to assault her under the influence of liquor. Around 1.30 p.m. on 8/11/2014 she was with her husband i.e. appellant. Appellant was under the influence of liquor. He was abusing and assaulting her. He was also abusing her relatives. She told that she is fed up with his daily harassment and it is better that she would die. The accused then asked her, as to whether she has courage. Thereupon, she poured kerosene from stove on herself and then he said that how she would die, let he would set ablaze to her. He ignited the matchstick and threw it on her. As a result of which, her clothes caught fire and then accused fled from the house. Madhuri started shouting. As a result of which, the neighbouring Abedabi came and extinguished her fire. The father-in-law then took her to GHATI, Aurangabad.
4. On the basis of above said statement offence vide Crime No.189/2014 came to be registered for the offence punishable under Ss. 307, 323, 504 of the Indian Penal Code. On the same day Executive Magistrate has recorded her statement around 9.25 p.m. The spot panchnama was executed, when Medico Legal Certificate was received by ASI Mr. Narayan Butte. In fact, he has carried out the spot panchnama first and then had gone to hospital to record the statement/dying declaration, which came to be then registered as First Information Report. Madhuri succumbed to the injuries on 19/11/2014 and after executing inquest panchnama, the dead body was referred for postmortem. She was sustained 63% burns and the cause of death was "Septicemia due to dermo-epidermal thermal burns". Thereafter, Sec. 302 of the Indian Penal Code came to be added, statements of the witnesses were recorded, accused came to be arrested and after completion of investigation charge sheet was filed.
5. After the committal of the case, charge was framed and when accused pleaded not guilty, trial has been conducted. Prosecution has examined in all 10 witnesses to bring home the guilt of the accused. After considering the evidence on record and hearing both sides the learned trial Judge has held that the prosecution has proved offence under Sec. 302 of the Indian Penal Code and has sentenced the accused to suffer imprisonment for life and to pay fine of Rs.1,000.00 (Rupees One Thousand only), in default to suffer simple imprisonment for 10 days. The accused has been further held guilty of committing offence punishable under Sec. 498-A of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.1,000.00 (Rupees One Thousand only), in default to suffer simple imprisonment for 10 days. The substantive sentences were directed to run concurrently and set off under Sec. 428 of the Code of Criminal Procedure has been granted. The accused has been acquitted of the offence punishable under Sec. 504 of the Indian Penal Code.
6. Heard learned Advocate Mr. D.S. Ingole holding for learned Advocate Mr. N.S. Ghanekar for the appellant and learned APP Mrs. V.S. Choudhari for the respondent.
7. The learned Advocate for the appellant has vehemently submitted
Weight and utility of a dying declaration depend upon surrounding circumstances and credibility which court attaches to it, having regard to evidence led before it.
The admissibility and reliability of dying declarations, the influence of intoxication on criminal actions, and the requirement of evidence for specific charges.
The main legal point established in the judgment is the admissibility and reliability of dying declarations, emphasizing the need for voluntariness, truthfulness, and corroboration, and the importanc....
A dying declaration can serve as the sole basis for conviction if it meets the criteria of truthfulness, voluntariness, and absence of suspicion, as established by the Indian Evidence Act and relevan....
Where there are more than one statement in the nature of dying declaration, one first in point of time must be preferred. Of course, if the plurality of dying declaration could be held to be trustwor....
The admissibility and reliability of dying declarations and the requirement for them to be voluntary, truthful, and free from infirmities to be relied upon.
Murder of wife - Conviction upheld - Where an accused is alleged to have committed the murder of his wife and the prosecution succeeds in leading evidence to show that shortly before the commission o....
The court reiterated the principles governing the admissibility and evidentiary value of dying declarations, emphasizing the need for careful scrutiny to ensure their genuineness and reliability.
Dying declarations can serve as the sole basis for conviction if they are consistent and credible; however, inconsistencies and lack of corroborative evidence can lead to reasonable doubt and acquitt....
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