1957 (4) TMI 69 - HC - Indian Laws

Summary

Issues Involved:
1. Conviction under Section 304 para (1) of the Indian Penal Code.
2. Eyewitness credibility and conflicting testimonies.
3. Non-supply of police statements recorded at the inquest.
4. Admissibility of the dying declaration and its compliance with Section 164 of the Criminal Procedure Code.

Detailed Analysis:

1. Conviction under Section 304 para (1) of the Indian Penal Code:
The accused was initially charged under Section 302 IPC for the murder of his wife by stabbing her with a knife and under Section 309 for attempting to commit suicide by stabbing himself. The Sessions Judge of Guntur convicted the accused under Section 304 para (1) IPC and sentenced him to three years of rigorous imprisonment.

2. Eyewitness Credibility and Conflicting Testimonies:
The prosecution relied on the testimonies of P.W. 1 (the grandmother of the deceased), P.W. 3 (the daughter of P.W. 1), and other witnesses (P.Ws. 4, 5, and 6). P.W. 1's testimony in the Sessions Court differed materially from her previous statements in the first information report and the committal court. She initially claimed not to have witnessed the incident but later stated she was an eyewitness. The court found her testimony unreliable due to inconsistencies and her apparent motive to protect her granddaughter's reputation.

3. Non-Supply of Police Statements Recorded at the Inquest:
The defense argued that the police statements of witnesses recorded at the inquest were not provided despite an application, which prejudiced the accused's case. P.W. 1 admitted that she and other witnesses were examined by the police at the inquest, but the Circle Inspector denied taking such statements. The court noted that the failure to supply these statements deprived the accused of his right to confront the prosecution witnesses with contradictions, thus causing prejudice to the accused.

4. Admissibility of the Dying Declaration and Compliance with Section 164 of the Criminal Procedure Code:
The Sessions Judge admitted Ex. P-2, a dying declaration made to P.W. 7, the Sub-Magistrate of Guntur, despite objections regarding its admissibility. The court examined whether the provisions of Section 164, particularly Sub-section (3), were followed. The dying declaration indicated that the accused saw his wife in an adulterous act and, feeling it improper to live, stabbed himself. The court found that the dying declaration did not comply with the procedural safeguards required by Section 164 and 364 of the Criminal Procedure Code. The declaration was not admissible as a confession since it was not recorded in the prescribed manner, and the accused was already in police custody.

Conclusion:
The court held that the prosecution's evidence was insufficient to convict the accused. The testimonies of key witnesses were inconsistent and unreliable, and the non-supply of police statements recorded at the inquest caused prejudice to the accused. The dying declaration was inadmissible due to non-compliance with Section 164 of the Criminal Procedure Code. Consequently, the court allowed the appeal, set aside the conviction and sentence, and directed the accused's release.