Supreme Court hears appeal against life sentence for murder

The core issue is whether the High Court could convict the appellant based on a single dying declaration while acquitting her co-accused, despite inconsistencies in the evidence.

Who it concerns: Petitioner: Sau. Kamalbai Waman Patil; Respondent: The State of Maharashtra; Bench: Justice Atul S. Chandurkar.

What the court decided

• The document is a judgment in Criminal Appeal No. 118 of 2018.
• The High Court had convicted the appellant under Section 302 IPC and sentenced her to rigorous imprisonment for life and a fine of ₹25,000.
• The High Court had acquitted co-accused A1, A2, and A4 due to lack of positive evidence connecting them to the death.
• The appellant argues that the High Court erred in relying solely on one dying declaration (Exhibit-56) without corroboration, especially given the acquittal of co-accused.
• The respondent argues the conviction is supported by the voluntary dying declaration, seizure of incriminating material, and the fact that the appellant was alone at the scene.

Also in the document

• The Sessions Court had acquitted all accused due to inconsistencies in dying declarations and lack of corroborating witnesses.
• The High Court accepted one dying declaration (Exhibit-56) as voluntary and truthful while discarding two others (Exhibits-44 and 48) as inconsistent.
• The text provided ends before the Supreme Court's final decision or operative order is stated.