Case Note & Summary
The State of Maharashtra appealed against the acquittal of Umesh Digambar Jadhav (respondent-accused) for the murder of his wife Meenakshi by pouring kerosene and setting her on fire on 09/08/1999. The prosecution relied primarily on a dying declaration (Exhibit 24) recorded by a police officer at the Civil Hospital, Solapur, where the deceased allegedly named her husband as the perpetrator. The trial court acquitted the accused, finding the dying declaration unreliable because the deceased was under the influence of medication, her relatives were present, and the declaration was not recorded by a Magistrate. The High Court examined the evidence, including the testimony of PW-1 (brother of deceased), PW-2 (neighbour), PW-3 (panch witness), and PW-4 (investigating officer). The court noted that the dying declaration was suspicious as it was recorded when the deceased was in a critical condition and under sedation, and there was no independent corroboration. The court also considered that the trial court's findings were plausible and not perverse. The High Court dismissed the appeal, upholding the acquittal and giving the accused the benefit of doubt.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Section 32 Indian Evidence Act, 1872 - Dying declaration must be free from tutoring and made in a fit state of mind - The deceased was under the influence of medication and her relatives were present, raising suspicion of tutoring - The dying declaration was not recorded by a Magistrate and was not corroborated by other evidence - Held that the trial court's acquittal based on unreliable dying declaration was not perverse (Paras 1-24). B) Criminal Law - Appeal against Acquittal - Scope - Section 378 CrPC - High Court's interference is limited unless the acquittal is perverse or based on no evidence - The trial court's findings were plausible and based on appreciation of evidence - Held that no interference is warranted (Paras 1-24).
Issue of Consideration
Whether the dying declaration (Exhibit 24) is reliable and sufficient to convict the accused for murder under Section 302 IPC, and whether the trial court's acquittal was perverse.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the respondent-accused.
Law Points
- Dying declaration
- Section 32 Indian Evidence Act
- 1872
- reliability of dying declaration
- corroboration
- Section 302 IPC
- circumstantial evidence
- benefit of doubt
