Supreme Court Acquits Appellant in Murder Case Due to Inconsistent Dying Declarations. Conviction under Section 302 IPC Set Aside as High Court Erred in Relying on Oral Dying Declarations After Discarding Written Ones.

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2026-05-19 01:01:50

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Case Note & Summary

The appellant, Uttam, was convicted under Section 302 IPC for the murder of his wife, Pushpabai, by pouring kerosene on her and setting her on fire. The trial court relied on two written dying declarations recorded by the Investigating Officer and the Special Executive Magistrate, as well as oral dying declarations made to the deceased's father (PW-2) and the mediator (PW-12). The High Court upheld the conviction, discarding the written dying declarations due to loopholes but relying on the oral declarations and the chemical analyser report. The Supreme Court found that the oral dying declarations were inconsistent with the written ones and were made for the first time in court without prior disclosure to the police under Section 161 CrPC. The court held that where multiple dying declarations are inconsistent, all must be discarded. The appeal was allowed, the conviction set aside, and the appellant acquitted.

Headnote

A) Evidence Law - Dying Declaration - Multiple Inconsistent Dying Declarations - Section 32 Indian Evidence Act, 1872 - Where there are multiple dying declarations and each is inconsistent with the other, all such dying declarations ought to be discarded without hesitation. The court held that once the High Court rejected the written dying declarations on grounds of loopholes, there was no good reason to rely on the oral dying declarations which were equally unreliable and inconsistent. (Paras 6-7, 10-12)

B) Criminal Procedure - Statement under Section 161 CrPC - Oral Dying Declaration - Section 161 Code of Criminal Procedure, 1898 - Oral dying declarations made for the first time in court without prior disclosure to the police under Section 161 CrPC are suspect and cannot be relied upon. The court noted that neither PW-2 nor PW-12 had made any statement to the police under Section 161 CrPC before testifying. (Para 6)

C) Criminal Law - Murder - Conviction based on Dying Declaration - Section 302 Indian Penal Code, 1860 - The court set aside the conviction for murder under Section 302 IPC as the dying declarations were inconsistent and unreliable, and the chemical analyser report alone was insufficient to sustain the conviction. (Paras 10-12)

Issue of Consideration

Whether the conviction of the appellant under Section 302 IPC can be sustained when the two written dying declarations have been discarded by the High Court and the conviction is based solely on oral dying declarations made to the father and mediator, which were inconsistent with the written declarations and not previously disclosed to the police.

Final Decision

The Supreme Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant of the charge under Section 302 IPC.

Law Points

Dying declaration
oral dying declaration
multiple dying declarations
inconsistency
reliability
Section 32 Evidence Act
Section 302 IPC
Section 161 CrPC

Case Details

2022 LawText (SC) (6) 24

Criminal Appeal No.485 of 2012

2022-06-02

Hima Kohli

Rohan Thanwani for appellant, Sachin Patil for respondent

Uttam

The State of Maharashtra

Nature of Litigation

Criminal appeal against conviction for murder under Section 302 IPC.

Remedy Sought

Appellant sought acquittal from the Supreme Court, challenging the High Court's judgment upholding conviction.

Filing Reason

Appellant was convicted for murdering his wife by pouring kerosene and setting her on fire; he appealed against the conviction.

Previous Decisions

Trial court convicted appellant under Section 302 IPC and sentenced to life imprisonment; High Court dismissed the appeal, upholding conviction.

Issues

Whether the conviction can be sustained when the two written dying declarations have been discarded by the High Court and the conviction is based solely on oral dying declarations that are inconsistent with the written ones and were not previously disclosed to the police. Whether oral dying declarations made to family members without prior disclosure to the police under Section 161 CrPC can be relied upon.

Submissions/Arguments

Appellant argued that once the High Court rejected the written dying declarations, there was no good reason to rely on the oral dying declarations which were equally unreliable and inconsistent; cited Nallapati Sivaiah and other cases. Respondent argued that the written dying declarations were consistent and the oral dying declarations were also consistent; cited Veerpal, Rizan, Bhagwan Tukaram Dange, and Trimukh Maroti Kirkan.

Ratio Decidendi

Where there are multiple dying declarations and each is inconsistent with the other, all such dying declarations ought to be discarded without hesitation. Oral dying declarations made for the first time in court without prior disclosure to the police under Section 161 CrPC are unreliable and cannot form the sole basis for conviction.

Judgment Excerpts

Dying declaration is the last statement that is made by a person as to the cause of his imminent death or the circumstances that had resulted in that situation, at a stage when the declarant is conscious of the fact that there are virtually nil chances of his survival. Where there are multiple dying declarations and each one is inconsistent with the other, then all the said dying declarations ought to be discarded without any hesitation.

Procedural History

The trial court convicted the appellant on 29 April 1997. The High Court dismissed the appeal on 26 July 2010. The appellant then appealed to the Supreme Court, which allowed the appeal and acquitted him.