Case Note & Summary
The State of Maharashtra appealed against the acquittal of Kashinath Anandrao Gunjal, who was charged under Section 302 of the Indian Penal Code for allegedly setting his wife Sangita on fire. The incident occurred on 15th May 1999, when the accused, a wireman, quarreled with his wife and allegedly poured kerosene on her and set her ablaze. The deceased sustained 100% burns and was admitted to Sasoon Hospital, Pune. She gave two dying declarations: the first before a Special Executive Magistrate stated she was accidentally burnt due to a stove flare; the second, the next day, stated her husband slapped, abused, poured kerosene, and set her on fire. The second declaration was treated as the FIR under Section 306 IPC. The trial court acquitted the accused, finding the dying declarations contradictory and unreliable. The High Court, in the appeal, examined the evidence and submissions. The learned APP argued that the dying declarations should be believed. However, the court noted the inherent inconsistency between the two declarations and found no corroboration. The court held that the prosecution failed to prove guilt beyond reasonable doubt, and the trial court's view was plausible. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Dying Declaration - Inconsistency - Section 302 Indian Penal Code, 1860 - The deceased made two dying declarations: first stating accidental burns from stove, second alleging husband poured kerosene and set her on fire. The trial court acquitted the accused due to inconsistency and lack of corroboration. The High Court held that the dying declarations were contradictory and unreliable, and the prosecution failed to prove the case beyond reasonable doubt. The appeal by the State was dismissed. (Paras 1-6) B) Criminal Law - Acquittal Appeal - Interference - Section 302 Indian Penal Code, 1860 - The High Court, in an appeal against acquittal, found no perversity or error in the trial court's reasoning. The court declined to interfere with the acquittal as the view taken by the trial court was plausible. (Paras 5-6)
Issue of Consideration
Whether the acquittal of the respondent-accused for the offence under Section 302 of the Indian Penal Code is sustainable in law, given the contradictory dying declarations made by the deceased.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the respondent-accused for the offence under Section 302 IPC.
Law Points
- Dying declaration
- inconsistency
- reliability
- acquittal
- Section 302 IPC
- Section 306 IPC
